Minerals Council Meeting Agenda for November 14, 2018 and to listen to the meeting on demand see https://www.osagenation-nsn.gov/who-we-are/minerals-council/meeting-information
EPA Regional Head Indicted On Ala. Ethics Charges: https://www.law360.com/environmental/articles/1101395/epa-regional-head-indicted-on-ala-ethics-charges?
I thought the woman was going to be offering her legal services for free as part of protecting the Shareholder's interest. So ugly how these elected officials change when they get elected to office. Unrecognizable half the time from who they put out there they were before the election.
There is a lot missing in this contract,” Councilwoman Susan Forman said. “You don’t have notice dates for terminations and payments. There’s no late payment fee language. You don’t establish a time for us to receive payments. You mention other payments that we’re not entitled to – I’d like to know what those are. Now this is why we elected Susan Forman. Putting the interests of the Shareholders first. I too would like to know about additional payments that we are entitled to know about? I too would like to know what was the initial offer amount Enel offered and we turned down? And I would like to know what we are asking as far as relief is concerned to the M.E? In the end this our land and we dictate and or negotiate the contracts not the other way around. We set the parameters.
I voted for S. Forman, and I have No regrets so far. In a previous MC meeting she was speaking and said she had a couple of comments, and Waller snapped back and responded to her immediately "JUST ONE." I'd still would like to know what else she wanted to bring up, it's ALL IMPORTANT when it involves the ME, and I respect her intelligence. It's terrible rude to shut someone up who asked to speak their thoughts on important issues. That's why there are meetings and they are recorded so those who missed the live recording can still hear it, anyone who listens to the meetings are "participating" in the ME issues.
"...I too would like to know what was the initial offer amount Enel offered and we turned down?..."
---each and everyone of us is "INVOLVED" in this lawsuit. WE are the reason there is a lawsuit. I know you can't discuss an on-going lawsuit, but that does not heed having 'final payment agreement' vote by those it's going to affect.
My understanding is that they turned down a figure larger than the settlement. Not Cobell, the other one. Yes. They turned down hundreds of millions of dollars, when this mineral state is in a death spiral. Idiots.
I also failed to say what about filing against our trustee as well the DOI. Has that been done? Th Damage is done no doubt. I think the better question is now are we to become part owners of this company? I say this because this is a life estate and so should the payments be life as well. If this Winf Farm can generate electricity for Forty Five thousand homes. Do the math, that’s fifty four million dollars a year can be generated form this wind farm. My question to all of you since no one from the M.C. is asking us is do you want a lump sum settlement or do you want life payments? A typical length of contract is twenty to twenty five years, but in our case or circumstance is different in a lot of ways. Because also the DOI failed us as well. This case is in the hand of the Supreme Court and I believe we were to hear something by this October but has not happened. One thing we know we can sit idle at anytime when it comes to our estate because it hurts our front end we must be vigilant. We are now approaching another lease sale my thoughts harm has come in the worse way to this estate, our reputation and we are our Sovereignty has been attacked. We have a huge paper trail with facts to support since the HPP case we have taken a nose dive for the worse, our reputation has been harmed and to add it did not help all the while the Drummond drama was icing on the cake which caused the BIA to react rather than take a stance for our rights and the harm that they have caused as well. In all of this in its entirety stinks to high heaven come. And worse the shareholders do not get any update as we maneuver through the system is failure on the M.C part and DOI who is also is the representative of our Estate has failed us too. I don’t like the excuse that is used that they don’t want to give the details away about the litigation, excuse me we deserve to know the fine print otherwise how they to know(MC) which way the Shareholders want to go without input otherwise? The Buck starts with them and ends with them it is our money and concern too and we as shareholders have rights and they should be honored , forthright with the truth of the matter. The majority matters. We The Osage matter.
If we get payments from the wind farm Enel are we going to index the payments? These are the things we should know about, for example when rates go up because I am going to assume we.are looking into royalties they need to increase as well.
I prefer a "lump sum payment." As with others, I have financially suffered from the repercussion of the hpp lawsuit. There is no guarantee of such a thing of "life payment" involving the wind farm. If we get the Enel wind farm instead of cash, then let's sell it to an "energy company," divide the revenue among the headright owners, and sign a contract for future royalties.
If the MC runs the wind farm, it means hiring engineers, supervisors, crews, more vehicles and gasoline to run these vehicles, taxes to the State, taxes to the county, audits, office/trailers for crew and supervisors, heat and air condition cost of such offices/trailers, office equipment (computers, phones and the monthly cost of these), communication radios that goes in vehicles to communicate to others and the office, portable toilets, safety officer (OSHA), government regs, EPA law/involvement, workman's compensation and insurance, insurance for all vehicles, Bonds, high cost repair and maintenance of fans themselves, State inspections, Federal inspections, . Who is paying for this, shareholders?? Just more monies not reaching the headright owner's accounts. Who will be getting these big paychecks, Osages, don't think so.
Do you think the Chief would try to get his savey (ha) business entities in on the action?
Does anyone know if that $46,000 payment from back payment of a company is part of the Dec. quarterly? And did the MC take a big chunk of it?
There is obviously a lot that needs to be discussed here about this VIP matter to say the least concerning our rights snd the Wind Farm Enel. A lump sum will happen no matter what, this much we know that’s a given...this would be considered apart of the estate as on going or should with royalty payment to everyone in the future for the life of this wind farm. The M.C would not run the wind farm. Operators are just that but problem is the potential for us to develop in the future has been compromised along with our traditional values..absolutely right since the HPP our estate took a nose dive for the worst because of the failure to protect the interest of the Estate by and by the BIA and DOI have are incompetent. Like I said voting that our superintendent incompetent what has that done for us? Why are we always in the Court of Opinion? Lastly, yes my family is out huge huge money as well. Yet still no answer from the MC or the Chief.. Remember the Chief May not be the M.C right? But he is a representative as well. We get nothing, but heartache for those who depend on this for their income besides for their Medicare payments. We hear nothing about the Fletcher case and the quarterly notices have all but completely stopped.
"lump sum payment" and a percentage of the payment monthly just like it was oil coming out of the ground. In other words, bonus and royalties because that land can never be utilized for oil and gas income and shouldn't be tied up forever without ongoing payment for the loss of oil and gas revenue on a continuous basis. This is fair and right.
Not only has Enel done harm and permanent damage to the land and the ME natural resources, and trespassing on land in Trust, they should also have charges filed against them by the U.S. government for breaking and overstepping the D.O.I. laws. These "fines" should also be put in the headright owner's IIM accounts along with the lawsuit damage payment and yes, I agree, continuous royalty payments or an estimated future lump sum for future royalty revenue lost, just like the royalty revenue we've lost resulting from the hpp lawsuit.
Do you mean trespassing on the mineral estate? The surface of where the turbines are located, are owned by big ranching families and are not restricted or trust lands. While I'm not thrilled with the turbines and how they look, they are located on fee property. I never understood why people comment that the turbines are on "our" land, because they are not. Were they put into the ground which is the mineral estate? Yes.
Big payment up front and all payable to the Headright owners in the Federal Trust account as lost oil and gas income as a result of the wind machines on the land. Plus, the continuing payment should be a flat monthly fee with the possibility for renegotiation in intervals every five years or so with the company. This should be on the basis of gross income NOT NET with no additional costs, taxes or fees that may come in to play as the years move forward. What has been happening in Kansas is that the landowners have made a deal with these wind farm companies but the fine print includes payment on net, not gross income, with additional costs, taxes and fees that "may" come into play in future. In some cases within a few years, these various "costs" have skyrocketed and have overtaken the amount paid out to the landowners on the part of the company. As an example, what began as a $1,500 payment a month to the landowner per each wind machine built on the land has now dropped to $400 a month as a result of the "net" designation that has become littered with costs and fees and taxes of one kind or another taken right off of the top before the check arrives to the landowner. Since it has been a matter of legal agreement, the landowners are stuck with this arrangement or made to go to court which for many isn't a viable option for them.
"trespassing..." "...not restricted or trust lands..." so the only and main thing this law suit is going on in our favor is the judge saying the moving and breaking of the stones is classified as "mining," which they had to get approval from the ME/MC and the B.I.A. If the judge had said it was not "mining," then the lawsuit would have been rejected?
Thank you Osageblogger for the above information, real informative. This case is so serious for the headright owners because mainly the need of cash in these Osage hard luck events upon us. This lawsuit is so intriguing, like a soap opera, what in the world is going to happen next. It can go one way or the other with just one decision. Like what will become of the wind farm, I don't really think the judge would have them dismantled? Who is going to benefit from the decision vote? In the end result, maybe the company and shareholders can equally benefit. Enel making revenue and the shareholders also on the receiving end.
I never thought about the ranchers on fee/restricted property (residents above our ME on their own property), but I understand now that "it's not our land." In some MC meetings it has been mentioned "we are unique in our situation," is this because of the ME "below" the surface and everything else above ground is something else (i.e. fee property)? Like, do other oil owning tribes own the property their drilling is done on?
You're welcome. It's our mineral rights and by law including State law we have right to harvest the oil and gas and the right to gain access for the oil and gas producers to the land involving the leases. Every landowner was aware or should have been aware that the mineral rights have been reserved to the Osages. It's written in every fee simple property deed to the land they own and has been since 1906. In the State of Oklahoma, once you retain the mineral rights, it becomes the dominant estate. Federally or Statewide, the landowners in Osage County have no where to turn because it's a matter of law no matter what. The reason that the wind farm people were in such a rush to get those machines built is because "possession is nine-tenth's of the law". They ought to be made by the Court to dismantle them and take them down altogether just like any other squatter on our ability to place mineral leases on the land but that likely won't happen because the actual landowners have given the OK for this use. All the same, from my point of view, the landowners have just as much liability if not more because they knew or should have known better than to agree by contract with the company to move forward without requiring Enel to have all of the permits from the BIA and other business permits according to law and regulations both Federal and local in order before the holes were even dug in the ground.
Osageblogger is right. The Ranchers knew exactly what they were doing when they negotiated our rights away for the windfarm knowing that this was illegal to do in the first place and no they should not be receiving any benefits from them period. And Enel knew we were not going to approve the permits.
"...negotiated our rights away..." - Guilty by all means. How could a landowner in Osage County not know the laws of the B.I.A. concerning the ME?
"...the landowners have just as much liability..." - during the court investigation procedures no doubt they had to testify and respond about their contract with Enel. This is a Federal offense (D.O.I.)
"And Enel knew we were not going to approve the permits." - and that just about explains the whole scheme and sham by both Enel and the landowners.
That would really be something if the wind farm was ordered to be dismantled, but who really has the last authority to order such an ordeal?
The transcript of the oral arguments that were argued today in the Supreme Court of the U.S., associated with the Murphy case is now available to download from the Committee for a Responsible Osage Nation Budget Facebook page at https://www.facebook.com/groups/2061358334178007/
Half the land in Oklahoma could be returned to Native Americans. It should be... See https://www.washingtonpost.com/outlook/2018/11/28/half-land-oklahoma-could-be-returned-native-americans-it-should-be/?utm_term=.00b9cc9db71c
The most curious thing about all this is the remarks of Justice Samuel A. Alito Jr. who said that it was a little late to raise the idea that half of Oklahoma is an Indian reservation. It isn't Native Americans who need to raise the idea that Oklahoma is an Indian Reservation. It's the U.S. Congress who make that determination not the Tribal Nations themselves. If it requires language in writing to so disestablish a Native American reservation and it's just not there then the legal presumption is that the pertinent reservation/s in question haven't been disestablished all along. Is Alito alright? Barking dogs, my eye!
See https://www.nytimes.com/2018/11/27/us/politics/oklahoma-indian-territory-supreme-court.html
Do we make a state for Indian Country because half of Oklahoma is reservation? I would say this because half of OK is reservation we should tax Ok or quit the taxing of our reservations period. This was our land before the colonists took over. That’s the truth. But of course we know this.
"Helium Shortage Is Bad News". Prices have gone from $25 a tank to $300. If no other reasons existed this is all the reason in the world to secure and protect our mineral estate. It appears this is going to be a valuable resource moving forward.
FYI: Jim Perrier: See article "Buffalo and Buffer Strips" at https://nrcs.maps.arcgis.com/apps/Cascade/index.html?appid=ddb65c988277464f92d2472f86941910
Solicitor General urges Supreme Court to let 10th Circuit ruling stand in wind case. See http://www.osagenews.org/en/article/2018/12/05/solicitor-general-urges-supreme-court-let-10th-circuit-ruling-stand-wind-case/
Under federal statute, any mining activity conducted in Osage County requires a permit from the BIA. Neither Enel Green Power North America nor its subsidiary, Enel Kansas, obtained one on the grounds that they thought it was not needed. I think this is a bold face lie to be honest because of the speed up on building the wind farm these companies knew exactly what they were doing. They knew the BIA and the Mineral Council would not approve a permit. The solicitor general, is he versed in Indian Law ? It was deliberate to say the least and a violation of our Sovereignty no doubt about it..
From my point of view, it was a crime of theft in the illegal taking and unpermited use of our minerals. Try doing a thing like that in the public sector on fee land with the mineral rights reserved to another owner or on Federal lands, it will lead to a lawsuit and the action by the court will and should be swift and merciless. Why should we not be able to expect the same result in a Federal Court of law?
Not just eye popping evident something is really wrong And directly points to bad management, it’s beyond incompetence. This is evidence by what I am reading here, There is no structure. Did you see how many lease sales were happening per year? We need a working office.
"We need a working office." -- I think the ME current computer endeavor is the first step towards this. Something went awry with this election, what a difference between this last election compared to the prior concerning the amount of candidates. Why elect someone with no oil/gas/energy background to run an empire (ME not a nickel and dime outfit) that many Osage lives are dependent on to make ends meet. The next election may only have the current MC on the ballot. A real hiring process, you hire those that meet the qualifications for the job. Companies should not have to wait for MC meetings, or sit through our business reports to discuss business with us. Calling a special meeting to meet with our part time employees sounds like a correct response to do.
Now is the time to send out a poll to all headright owners to discuss if they think a new structure is needed and to submit their ideas. Three and half years to work on a new structure and new election protocol like hiring each MC for a job described position, not hiring and then letting the MC decide what they want to do?
What empire? Are we relying a bit too heavily on our medical marijuana? The Minerals Estate has been run right into the ground and at best we will need a skeleton crew to shut it down after the Feds get through with completing their master agenda.
The Constitution will have to be changed and the Shareholders don't want anyone on that Council who doesn't have a headright. This is a Native American endeavor from start to finish. You can't cut them out of the herd no matter how you try or how incompetent you perceive them to be. Start dealing with this situation from standpoint of the reality on the ground. We've had enough pipe dreams and the expensive nonsense that leads to from the Osage Nation government. Where have you been?
The Minerals Council hired Wilson Pipestem today during the OMC meeting. They did not say why or what they intended to use him for. Its worth listening to. Pipestem gives a long dialog about himself. Not sure how much of it is true. If you listened. Please weigh in on your thoughts.
Part 1: http://mixlr.com/osage-nation/showreel/2018-1207_4omc_pt1/ Part 2: http://mixlr.com/osage-nation/showreel/osage-nation-on-mixlr-92/ Part 3: http://mixlr.com/osage-nation/showreel/osage-nation-on-mixlr-93/
The Agenda for this meeting is located at https://www.osagenation-nsn.gov/news-events/news/minerals-council-meeting-information-18
Thank you for making us aware of this new hire. He's very expensive from what I've come to understand. I don't know why they would add him into the mix since his last lawsuit for the MC, the HPP, when he was apparently on board with the settlement money going to the Osage Nation rather than be disbursed to the headright owners. We need to keep a close watch on this guy and what he'll be doing in the future. I don't like this one bit.
Was it Wilson Pipestem suggestion or was it on the authority of the Chief to keep the money from the HPP case. The only difference is the Judge recognized the Osage Shareholders were entitled . I believe this lawyer has done well for the M.E in past history and because he understands adds value to the M.E. We have a huge fight on our hands. Has anyone of you read any of the court cases well I have thoroughly. I happen to agree with Tina Allen a crime of theft and a illegal taking has happened concerning the Wind Farm Case. This has been going on since 2011 and we need a bigger voice. We are not talking chump change here. I’ll give you a run down. The surface owners regarding the Wind Farm are saying they have a right to develop their land they bought knowing the lease they signed they could not. Grazing and farming allowed. Then they are saying we never had intent to develop of which is , full of boloney. Why, just because we haven’t doesn’t mean we weren’t. And now that opportunity with 89 turbines the M.E has been compromised. It is true Wind Farms devalue property. They are saying the CFRS and the 1906 act as amended is ambiguous. They are also saying anyone who has put a pool in their back yard were the surface owners questioned or asked for a mining permit. Laughable because we are not going to put a well within so many feet of the property they purchased per agreement. This was in short. I hope the SCOTUS gets this right. Then to address the Fletcher case? We should be on the verge of a outcome soon as well. All in all in the end the BIA (sic) has failed the M.E and the Osage Headright owners. Reflects in our front end untold dollars.
In Part 2, Pipestem was talking about Fish and Wildlife and the American Burying Beetle and those implications as of April 2019. Discussed influence and pressure. This may have to do with lobbying in Washington D.C. and seems to not want to go to the level of a lawsuit as a last resort. If having a fiduciary relationship with the Federal government hasn't turned the trick and made the difference, I don't know how effective spending MC dollars for lobbying those who work in Washington D.C. will be. Also discussing the CFRs and an update to them is apparently still on the Agenda for the future. Wants to be creative with the new CFRs? Talking about the Nation and not so clear about whether it's the Nation or the MC that has the ability to make changes? Says the CFRs are the law and appears to want to change them from what they are now. A lot of good faith and compromise needed? On whose part? The Federal government or the MC? Talee spoke about the Fredericks law firm and why Indian lands are seen as public lands. Says our reservation status issue isn't over and discussed the implications of the Murphy lawsuit in front of the SCOTUS at this time. Innovation with legal infrastructure with regard to where the Trust funds are going to go? Chairwoman Harlan nominated Pipestem to be the local council for the MC at $300.00 an hour. Susan Forman said she wanted to take it under advisement and make the decision at a later time. Motion for a vote went forward and passed with 6 for, 1 against (Foreman) and 1 abstention (Paul Revard). Taking time to make a decision about hiring Pipestem was a good call from my point of view and the vote on this shouldn't happen until everyone on the MC has the information they need to feel comfortable. This one felt like a "Classic" Osage end run. If Pipestem is now the local council, then where does that leave Fredericks' law firm? Have they been replaced or are they working on just the windfarm case? Too many questions left unanswered and the six that voted for Pipestem all get a huge black mark as far as I'm concerned. They hired him even before the terms and conditions are included in the contract that the MC wants and therefore the thing isn't even yet dry on the page! You've got to be kidding me. Kudos to both Susan Foreman and Paul Revard for refusing to go along with it.
I'm beginning to hope that the Boone lawsuit on that screwy MC election is successful. None of these people other than Paul and Susan are doing what I want them to be doing. Don't hire that Ponca woman to run the MC election again. She flat out lied to the MC when she was asked if she was outside. I saw her standing outside on the sidewalk in front of the MC Chambers building where the MC election took place. I watched as she said hi to another Osage coming back from voting in the General Election.
As usual, it's a slapdash-o'rama all over again. This isn't just a disappointment, this is pure and simple going back on campaign promises that we were going to have a solid team of MC officials who would behave like professionals. Harlan lead the pack with that vote to put in the dreaded Pipestem. Dreaded because of how he tried to structure the HPP settlement in favor of distribution to the Osage Nation and not to the actual shareholders where the money belonged and ended up as a result of a smart Judge who saw right through him just like I do and others who have been contacting me over his being recently hired by the MC. Shame on Harlan for that motion to put him in place as the MC house local Council. As an attorney and a Tribal Judge, she of all people should know that the contract with Pipestem should be in final form for signature before the members of the Minerals Council vote by a motion to hire Pipestem. So far she's been a loose cannon and totally out of control with filth coming out of her mouth from what I'm hearing from one person after another. They ought to sanction her for conduct unbecoming and as a result, file a complaint against her for unethical behavior in my opinion.
"Innovation with legal infrastructure with regard to where the Trust funds are going to go?" This is Pipestem's idea. What's that supposed to mean? That they will change the way the Trust funds are collected and distributed with legal infrastructure in place to enable them to do so? This sounds an awful lot like the Nation being in place at some point in the future to have the royalties and bonuses deposited in the Osage Nation Treasury to me. When that happens, my guess is that you can kiss funding for your quarterly payment check goodbye. If there are no funds in the Federal Trust account as it stands today because it's been closed and the funds have been diverted and placed in the Osage Nation Treasury, how much with be in your headright check coming from the Federal government's Office of the Special Trustee? Does zero sound about right? They can't fool with your headright by law but they can make changes and "innovate" with the Federal Trust account where those funds are accumulated and generated on a quarterly basis for payment to the Shareholder and this is at the sole option of the Federal government, not the Osage Nation. It's stated right in the 1906 Act as amended. The absolute last thing we need is Pipestem in Washington D.C. being paid by the Minerals Council to lobby the U.S. Congress to end the current oil and gas income Trust set up for the Headright owners as the beneficiaries by the 1906 Act as amended and as a result, step away from having the BIA and the OST collect the Osage Minerals Estate income. Then where will it be deposited? In the Osage Nation Treasury?
Don't think for a minute that this is a scare tactic. It's well thought through and subject to deductive reasoning on the basis of what is actually possible. if anyone tells you that this is not truthful, they are either ignorant of the the facts or they’re lying to to you. We must be on guard now and demand that all those closed meetings in Executive Session that used to be open start being open again. This is our income that a number of us depend on and we have every right under the law as Federal Trust beneficiaries to know what they are planning to try and do with that income now and in the future.
As far as I'm concerned, she's in flagrant violation of Article X, Ethics, Section 3. "The Conduct of Tribal Officials and Employees: All tribal officials and employees of the Osage Nation shall avoid even the appearance of impropriety in the performance of their duties. Officials and employees shall refrain from abusive conduct, personal charges, or verbal affronts upon the character, motives, or intents of other officials or Osage citizens." Note the term "abusive conduct". Any elected official using filthy language directed at another elected official, Shareholder or Osage Nation member in public or in a conversation over the phone should be subject to an ethics complaint and conviction because they are in full and open violation of this Article and Section of the Osage Nation Constitution. It's right there in writing and shouldn't be ignored.
Truth is, he may be being brought on board in part to stop Paul Revard from actively participating as a member of Council since they've been able to sideline Harlan from having control of the MC as Chair. In my opinion, she was flying close to the flame ethics wise when she was always trying to insist that he can't vote because he still has leases and is an active producer in Osage County. Pushing the conflict of interest line all the time like she was more of a judge and not just another member of the MC even going so far as to seek an opinion from the AG's office on the matter wasn't her place as far as I'm concerned. Seems to me like she's still in a high snit over what happened to have her replaced as Chair of the MC. She keeps sniping at Susan in meetings as well and that shouldn't be tolerated by Chair Waller either. If the six think they can marginalize and set these two aside when the Shareholders have voted for them, they may have another thing coming.
OMC should have listened to Mr. Sicking more closely and hired his firm to file a parallel lawsuit to remove the ABB from the endangered list. Hiring Pipestem is a waste of money. Why not run with the guys who already have a head start in the ABB battle? Doesn't make sense except to play favorites.
Isn't he already representing the Osage Nation Bluestem Ranch Board? How many paychecks from the Osage Nation is he looking to get? The huge flap before the last election had to do with all these legal fees going out the door because of the MC hiring them. What happened to that flap? Didn't that Bright woman sue on the basis of all those legal fees and wanting to know what was being on them? We don't need to be spending tons of money out of the MC budget for lawyers again who run off to Washington D.C. and lobby when what we really should be doing is suing the pants off of the Bureau and the DOI for what they've been doing to run us in the ground with all these regs they've let in the door when they had no leg to stand on. There is a statue of limitations as to when you've been harmed and have to take action legally and we sure as hell have been harmed and badly. The action of last resort? Not in my book Buster. Get these people back in Court to account for themselves. ABB has been there for years and years and we never had to kowtow to Fish and Wildlife. Those regs for EPA-NEPA didn't have to come through the door either until the BIA let them through and all to keep from being sued themselves? This is their problem and should never have become ours because when you have a fiduciary Trust obligation you are required by law to put the interests of the Trust beneficiaries above your own first time, every time. Someone at the Bureau in Washington, D.C., has conveniently forgot about that even after the American public had to pay billions of dollars out in the Cobell lawsuit and millions out for the Osage HPP case as well. Now I'm hearing all this about certain policies and procedures that have been added into the mix above what are called out in the CFRs that are continuing to cause problems with lessees being able to drill out in the field and it taking as long as two years to finally drill a hole in the ground as a result of one or another of these regulatory scenarios that have been allowed to come into play that shouldn't even be there in the first place. Isn't this the season to cry BAH HUMBUG? Well, I'm crying it out loud and clear.
Once again why are we in the courts all the time it’s not like business another day here. That’s the probably. We need to satay in the know we need someone’s to follow through on every single question and dot the i’s and cross the T’s . We need people on the ground and by the promises after the lawsuit (HPP) non of which has been fulfilled and what about the CFR’s . It does not take years to map and chronicle our estate. We could have been done way before this had we hired a outside company to do this. It could have been done in a year or less. With aerial surveying,and so forth now look at where we are at ? All I have to say the above posts says it all. We either flood the BIA with calls and the SOI and DOI as well what has happened now let me get this strong can someone please tell me how our lease sell went. Can someone The M.C dare tell the truth? This is not transparency, Chief can you speak to this? Come on we are out millions truth be told out millions and yes I am tired of paying our M.C to do what as they say our hands are tied that’s bolony. Hog wash. We pay each one of you how much do I now need to Subpoena of the treasury for the records as Patricia Sperrier Bright did? Let’s not go there let’s have a dialogue with the other shareholders because that’s what we are we are in the same boat together.
Find those poor men who lost their jobs in the Osage at every level of oil and gas service and have them testify in Federal Court as to what the Bureau and the DOI have done to them in losing their livelihoods, to our Mineral Estate and our business reputation in and outside Osage County. Filthy and putrid the stink is to high heaven. Have these Trustees account for themselves and what they've done to avoid lawsuits by a Drummond with a legal agenda if there ever was one. No excuse for this!
Absolutely, the Judge said in the Drummond lawsuit you are now appearing to be harassing the Osage if I have it correctly. We are in a sink hole for sure. In this field it is a community who knows each other well. Everyone watches everyone Because the competition is so great and our M.E is not diversified. Development is all at a stand still. Is this reflective of OPEC? Shouldn’t. We can make money at $35 / BBL Did the Drummond law suit affect our drilling history? And if so why? We were under the assumption we were operating under the old CFR’s? Or we were sold a bunch of hot air. To appease those who wanted to here something about what we have experienced thus far on our M.E. The BIA is to be working in tandem with our M.E per the 1906 act as amended not against. We were promised by the HPP settlement 7 to 8 engineers would be hired and trained and by evidence to this day the BIA has not done so! What good does it do if we voted no conflict in our superintendent? Our resources have been acted on so many levels it’s hurtung us! It’s hurting our communities who so many used to work in the oil fields. I said 3 yrs ago we need to be working on our reputation because the Government can not do what we need to do 24/7 get in the game oer we need to hire someone that can do what you M.C members are not doing. PR. So fundamental. We need to be that fly on the wall and be in the know 24/7 if something arises we are able to follow through so paramount to customer service, the Government cannot do this. The Government does not build relationships. Think about this had we had a up and running Minerl office do you think maybe we could have built a rapport with the Drummond’s on a level where adults can be adults instead of children and work this out and that’s not just with him. This is why customer service is so valued to who we are it speaks in more words can say. And save millions in the pockets of everyone involved. Cut costs to Lawyers as well. We need to start thinking outside the box because what’s not working is now going on years again. Think about what I said it makes sense.
It's the Headright owners who should be able to join this lawsuit as well because it's their income that has been seriously harmed the most and as a result, they have had to suffer the most loss. Will this be another situation where the Minerals Council will represent us in a Court of law? Back bench that Pipestem on lobbying and get down to business and back in the Federal Court of Claims for the even worse egregious continued violation of the Trust fiduciary responsibility as it involves the breach of the HPP settlement contract. I'm tired of talking about it. Get something done and I don't mean maybe.
Any word on the lease sale on December 12th? Haven't heard a lot of chatter so figured it must have gone the way of the last lease sale. Not sure the minimum bid thing the Mineral Council put in place has helped, but they did try something different.
Someone said one lease sale of $190,000 give or take. That’s it. It was reported that not off enough notice was given ahead of time to our buyers. No advertising, no marketing. Nada.
Apparently there was only one bidder for all tracts and they were bought at the minimum bid. Under new BIA rules, the bidder and the amount don't have to be revealed unless a FOIA request is filed. Only if there are competitive bids does the buyer get revealed. Talk about a screwed up system.
You've got to be joking. What's the reason for that? So the general public and most importantly so the Shareholders won't be able to to see the depth and breadth of the damage done to the Minerals Estate especially where this important source of minerals income is concerned? Didn't they pull stunts like this kind of obfuscation by hiding information from the Court all throughout the Cobell lawsuit? When will these Bureau people start behaving in a manner becoming of their Trust duties, responsibilities and obligations to the headright owners? Where and when did these new bidding rules come into play? Were they magically pulled out of a hat? If I was on the fence before, this is the tipping point. Sue the DOI, the Bureau, Fish and Wildlife, the Solicitior's Office in Tulsa and Washington D.C. and everyone else you can add to the list with any liability for what has taken place since the HPP lawsuit settled. How much overall vitiation to the Minerals Estate are we expected to endure? If the Minerals Council doesn't act and soon they will be just as liable for any further inaction on their part. Pipestem said if we sued we couldn't get any information out of them because they will close ranks. They still have the say so, either yes or no, as to who gets copies of the lease sale bids anyway even if a FOYA is sent in so how is that much, if any different. FOYAs here, FOYAs there left and right.
The Shareholders have had to put up with enough just so that the Bureau and the DOI can intentionally and purposely run the minerals estate into the ground to give them cause to walk away from their trust obligation to the Osages in administrating the Osage Mineral Estate Trust. This is monstrous and someone in power in the Osage Nation government had better take it under advisement that the Shareholders have legal rights as beneficiaries and therefore the right to demand that the Minerals Council convene a Legal War Council as soon as humanly possible in preparation to initiate legal hostilities against all of them listed above.
First of all we don’t have to see lol we see the rumors are through the roof. It’s not like we are not going to know who the bidder is anyway once said and done. Nothing is a secret and when are our M.C going to realize this. Secrecy never is the answer. This does happen in the private sector. Inactions by the Council,is exactly right we have been saying this for years and the excuse is our hands are tied. B.S B.S B.S. I cannot even fathom how much the M.E has been used and abused by and by the BIA. Just because the BIA is in the 1906 act does not mean we cannot put off what needs to be done. We go outside the M.C form our own Mineral office headed by not figure heads because they cannot seem to figure out the direction we need to take. Open office. We need budget certainty, something the BIA cannot give us, but the resources are there. (What resources can be applied to staff a full office) Where are the eight engineers the BIA was to hire after the settlement of the HPP as promised? Did any of our M.C members follow through on this matter? Do we need to vote no confidence in our M.C. Members too? We could hire local people to do what our M.C fails to understand it’s not what you can do for me it’s what we can do for you. Get a receptionist, a office manager, get techs in there. Hire a person who can do the legal filing if anything should arise in heart beat. Start trending with world markets know where we are at 24/7. We need marketing and advertising. If we build they will come if we stay on the couch and hope for a prayer we are always going to be using lawyers as our voice as opposed to the opposite that should be happening. This is (sic) we are the headright owners it’s not privileged information or proprietary information knowing who naught the tracts. It’s our right! I have been saying for sooooo long we have huge problems and we have no one else to blame but the Federal Government once again, but but but but that just issues so. We can go back to Congress and why haven’t we done so..the status quo needs to change. Because it’s not working. I know what I am talking about people and this is not the way to go is ignore what should have happened years ago. I am beyond furious.
I forgot to add to the post above I said the same thing about culpability and the role the M.C plays in all of this. And I do realize we have new Members , that is understood. Realize the reason they were elected to the Council was because the very same reasons we are on this forum. Let me paraphrase what Linda Heskett said, our M.C is facing many threats. Did you know if we were in the know operating a full service Mineral Office, if we trend with matters that do not need to escalate to where we are now we would not be in this predicament? These challenges we face do not require 4 years to focus on. Absolutely, did you know if we trend on these matters of importance our pockets would not be affected like it is now. Out Millions once again. What are the threats, production, is priority. Did you know ithe M.C has the power to not only advertise but has the authority to do so and the last lease sale happened with no proper notice in advance. Do you know if we had a full time running office we could be doing more lease sales then we do? There is a criteria for it if ever need be we need to pick up the ball and have another one? Where does it say we cannot have more lease sales? We do not have to be in battle with the Ranchers had we been in the know lord knows what kind of reputation could have been built had we had a rapport with them just because we do doesn’t mean they are going to get what they want all the time but heck if you don’t have a dialogue in the first place how do you come to a consensus one way or the other? We fail to communicate. And it is so vital to our stability all the way around. There are always two sides if you can’t see that then you have no business being on the M.C because then it becomes partisan and we are here to be sure that we are all involved. The M.C because of the in house Politics needs to end once and for all. We have loss of Headrights, and over burdensome regulations. Read the New CFRs all but takes the ability to govern our M.E away from the hands of the M.C. If you look at the settlement The CFRs are in conflict with the settlement in itself because it labors the M.E. And who was responsible for making sure this would not happen? And let’s not forget who was behind the creative CFRs. This was to strengthen the M.E. Seven years later going on eight in Oct. of next year. Yes we are fit to be tied out millions once again. In parting this was the Governments promise to us. Today, we come together in the spirit of partnership and mutual respect to recognize an important milestone on a path to a future marked by a stronger government-to-government and trust relationship. This settlement demonstrates the United States’ strong commitment to resolving pending tribal trust accounting and trust management cases in an expedited, fair and just manner.” This settlement is an historic, positive development for Indian country and a major step on the road to reconciliation following years of litigation between the Osage Tribe and the United States,” said Interior Solicitor Tompkins. “This administration has worked in good faith to reach a settlement that is both honorable and responsible. The settlement will allow the United States and the Tribe to foster, cultivate and strengthen their trust relationship as they move together into the future. They get a big F.
"Continued growth in U.S. crude oil production means the nation will end 2018 as the world’s top oil producer, toppling the likes of Russia and Saudi Arabia and making America’s energy future more secure."
When you read an article like this, you know that something has got to be horribly wrong in the largest County in Oklahoma:
Warmington: Oil production surge continues http://journalrecord.com/2018/12/14/warmington-oil-production-surge-continues/
With the HPP at $43.50, I doubt you're going to see many new producers lined up at the county line trying to get in. This fact was evident at the December lease sale.
Will be requesting an update for current addresses of the Shareholders for communication purposes with the Minerals Council. This will be advertised in a future ad in the Osage News.
Why does Margo always have to weight in everything in sight? Who are her "core" workers on the strategic plan? Why do they need to abridge the strategic plan to the Shareholders and send it out in an expensive full color booklet? Are they doing another "Osage Nation presentation" number on it and what's going on? Tabled the Strategic Plan to the 16th of January. Now wanting the OK Production Tax numbers sent from the Oklahoma Tax Commission to the MC. Tweaking their noses again? Remember what came of that the last time?
Letter of former BIA employee as to a "hostile work environment"? Concerns on high turnover and the unfulfilled positions and its effect on the Osage Mineral Estate.
Yes! Send a letter to the BIA reminding them of the fiduciary obligation they have to the Trust beneficiaries (Headright owners). Any chance of an intent to sue if corrections aren't made ASAP letter as well anytime soon?
So let’s send a letter hmm how is that going to work we already voted our BIA Director a vote of confidence. The BIA has had a chance since 2011 when the HPP case was announced it was settled they would hire 8-9 engineers, what happened was it just another lie? Second why are we waiting so long to do something about the procrastination of the BIA to what is necessary as promised? Rather than a letter why not just take it a step hire and let’s go to the President of the U.S. ? I find this redundant. What we need is action, foot on the ground . We need to do what the BIA cannot do for us. We’ve known for awhile why what the delays are. We didn’t need Revard to come in and tell us what’s wrong we know the history of the BIA. We can open office build a rapport with our community of producers and our landowners but we cannot even do that because we are not situated to do so because no one wants to take the initiative to do so. It’s not that hard. And the 1906 act doesn’t preclude us to do so. So why haven’t we. Mapping that could have been done with a Ariel survey by plane and gotten what needs to be done what hasn’t been done since 2011. This is just pure lunacy where we are at. What happened with the last lease sale nada, nothing. Why? Where was the marketing, the early advertising? Where is the follow through? Nada, nothing! As far as Gray is concerned I’d rather have someone who cares to weigh in on the subject as opposed to nobody listening or asking questions. So now you want a list of Shareholders who have a right to weigh in. This should have happened before we became a Government you think?
I’ve always found that the best way to solve a problem, less suing, is to contact the person’s boss’s boss. In this case, the Minerals Council should do just that. However, the current ACTING Assistant Secretary for Indian Affairs is Lawrence S. Roberts, an enrolled member of the Oneida Tribe in Wisconsin. The current Secretary is David Bernhardt, who serves in an ACTING capacity, and concurrently serves in the Department as Deputy Secretary. The Inspector General position is currently VACANT, with Mary Kendall serving as ACTING Inspector General. Above that we have a person ACTING as President who is only concerned in building a wall. Get the hint, they are all ACTING… I guess we should talk to a lawyer on a contingency basis.
(Just to add what osageblogger reported at 11:27 AM
CERTIORARI DENIED 17-1237 OSAGE WIND, LLC, ET AL. V. OSAGE MINERALS COUNCIL The motion of American Wind Energy Association for leave to file a brief as amicus curiae is granted. The motion of Osage County Farm Bureau, Inc., et al. for leave to file a brief as amici curiae is granted. The petition for a writ of certiorari is denied. (From the Supreme Court website)
Also of interest is https://www.tulsaworld.com/news/state/trump-administration-asks-supreme-court-to-avoid-osage-wind-farm/article_274324a2-d73c-504e-877f-2434fc3ecd19.html
Approximately 10:15 a.m., this morning, going west from Pawhuska, and located just across from the Little Chief turnoff, as I looked to the right (north), I saw some weird looking yellow crane near one of the turbines. I wish I had taken a photo of it, if anyone knew what it was and what it was doing there. If you're going to Pawhuska from Fairfax or Ponca City, and it is daylight, and you have a chance, get a photo a post if you can.
🌟🌟🌟 Tempus Fugit! See information on the Native American Congressional Internship at https://www.facebook.com/udallfoundation/photos/a.10150109093231765/10156011995931765/?type=3&theater&ifg=1
Lots of comments about the wind farm WIN in Court at the SCOTUS. Much to celebrate in stopping these wind farms from coming onto Osage land where the mineral rights are concerned.
Are those gals on the Council going to behave themselves and do what's best for the Shareholder or are they fight and argue over who looks best wearing short shorts.
❗⚠️ Alert ⚠️❗ A report on the past activities of the Office of Fiscal & Performance Review and what it has uncovered, is now posted for your review at http://osageblog.blogspot.com/2018/11/conversation-november-2018.html
I am writing you regarding a resolution that was passed by the OMC at the meeting this afternoon. I feel that a grave disservice is being done in our name. The resolution is to send two of the OMC members and the OMC attorney to a National Congress American Indian (NCAI) Conference in Washington DC for 4 days starting on Feb. 11th, 2019. Due to the short lead time there are two MAJOR problems that have surfaced. 1) The travel cost are going to be excessively high (this late arrangements it cost us as high as $15,000 or much more and 2) the members that will be representing us will have little or no time to properly prepare.
The members that are slotted to attend are Councilmembers Harlan and Gray, along with Wilson Pipestem ($300.00 an hour). Compounding the issue of lack of preparedness is the fact that none of these people have specific knowledge of the Oil and Gas Industry. Again, these individuals will be representing us as Shareholders of the Osage Mineral Estate.
This conference is held every six months so it would not be a problem that we did not attend this one, but properly plan and prepared for the next one. I STRONGLY encourage each of you to act quickly and contact any of the council members and request that they hold a special meeting and rescind this resolution. The damage to the reputation of the Osage Tribe and specifically the Osage Mineral Estate, of having an ill-prepared delegation, would be devastating.
Sincerely, Catherine (918) 331-5226
Forward this letter to you family and friends.
If you Agree please call or e-mail:
OMC Second Chairman Andrew Yates (918) 504-1240 jayates@osagenation-nsn.gov
Councilman Myron Red Eagle (918) 625-5386 M.redeagle@Att.net
Why is Margo Gray getting to go? She supposedly handles business matters not Sovereignty. This seems like an added expense for little gain or benefit. I thought Marsha Harlan was an attorney herself. Wasn't she voted on the Council to save legal expenses so that we could have her legal expertise rather than run up all kinds of legal fees like what happened with the previous MC? Why are they adding the expense of Pipestem at $300 an hour as well?
Remember, it was Pipestem who argued against the shareholder during the HPP lawsuit. He wanted the award money to go to the Osage Nation government instead of the shareholders and made millions doing so. Margo is a Gray who's family has done wonders to ruin the Osages in the name of greed and larceny. The travel expense is for pure luxury and grandstanding.
@osageblogger Don't you remember when Marsha, Marsha, Marsha said she didn't get paid enough to provide legal advice to the Minerals Council? This was before the female mineral council members had their cage match in the office, and Marsha, Marsha, Marsha eventually resigned the Chair position. We elected a class bunch. And yes when I saw on the agenda the NCAI meeting with Margo's name, I knew immediately she was needing some time off and a trip paid for by the shareholders.
No gain is our pain. With so little time to plan with a fly by night plan is no planning st all. With 30 mins of and if on the topic of O&G. How is this $15,000 being used? Trip $ 3,000 Hotel $450 Travel to and from $ 300 Food $600 ‘(Tis is on the high end) So besides a entrance fee where else is the additional money being applied? Had this been planned ahead of time the cost could have been reduced in half? So where is the rest of the resources being spent? In the end it’s up to the shareholders to decide.
Time to rename Lake Pawhuska to ' The Swamp '. What waste for the shareholders. Maybe the Council members should not have 'Other' jobs to fall back on. If they run for the Council it should be a full time job. This is sounding too much like D.C. Instead of electing members the Swamp needs to be drained. Is there a precise time agenda posted for this trip or is it like Trump's ' Executive time ' ???
Trumps executive time is creating a economy if you haven’t noticed. And if you haven’t noticed the economy is booming and if you haven’t noticed so is the gaming industry. We are trading and have a great GDP. China’s coming to the table. Besides that my pockets are a little heavier. A full time job. I have been talking about this for a while... The resources are there to be had, yes. Why not have a petroleum office after all we are in this industry. We lack so much structure. My bet there are those on the M.C. agree. Performance is required not just because the 1906 act says it’s required.
Developing a petroleum office would be good if we didn't live in La La land. If history has taught us anything, Osages will hire unqualified family before trained professionals. There is probably someone who has a relative, that didn't even finish high school, but was hit in the head with a rock, so obviously that would make them a good geologist. Plus all the people they hire will make over $100,000 a year plus benefits. Our shareholder money would be used to fund this office. My check is low enough so I'm not very enthused about starting up our own office.
Paying the MC members a living wage is not a bad idea, however---we must also provide enough funding to operate the business successfully. This probably means DOUBLING the drawdown. A living wage would entice more qualified people to run for the MC. A MC sponsored LLC could begin producing and selling our own oil and cleaning up the thousands of messes left abandoned from previous production efforts all over the county.
February 5, 2019 at 6:12 PM, If the soon to be 13 year history of the Osage Nation government has taught us anything, you have hit the nail square on the head. February 6, 2019 at 9:53 AM, doubling the drawdown will involve an Act of the U.S. Congress and lobbying for that will cost more than we have available in the drawdown budget yearly. It will take years for that to happen at the very least with the amount now budgeted for professional fees.
Developing a office with the M.C running the office like it should be ran would generate more income. And the income is there to be had without doubling down on the drawdown. There is no structure what’s so ever. We will continue to fail as long as we do not recognize our failures. This isn’t the 1930s that we live in. Maybe a field trip to a working environment in the petroleum business looks like could inspire and make a impact on our realities.
The only impact on our realities will be an even lower payment check if the Osage Nation gets into the oil and gas business and the funding comes from what's in the Federal Trust account. Are you having a bad day or looking for one of those big paychecks they hand out up on the Hill these days? Cleaning up those messes would completely overwhelm the entire operation. Plans to extract oil from old oil wells is a scam because the prior lessees have taken all that's there. If they hadn't they'd still be there today. This is worse than silly. It's such deficit thinking that it's entirely irresponsible.
Fear mongering does not work and we also are comprised what’s not happening on the M.E. and the politics that has come to the Osage. Change is coming and the particulars will be revealed to the Headright Owners. Accountability and Transparency will come to fruition.
"OSA meeting update, that is Sunday, February 17th, Skiatook Casino, 1:00 PM; now there will be two speakers doing a slide presentation on the American Beetle and a producer will tell us how this, in Osage Co., has affected him. It will be very interesting. Hope to see a lot of shareholders there!!"
The life span of a American Burying Beetle is twelve months..when was the property last surveyed? Curious as to why this has been a on going issue? A expert would be nice to speak on this subject as to why this has been carrying on for so long, like a entomologist?
BIA opened the door and F & W withdrew our ABB exemption. New CFRs with BLM rules and EPA (NEPA). Additional policies not in the CFRs that are now being enforced by the BIA. It was and continues to be a four pronged attack on a fixed position with the Osage Mineral Estate as the target.
The OMC have sat around since the time that this began after the HPP lawsuit was settled years ago and haven't seriously considered legal action against the Bureau or if they have they've backed off. The BIA doesn't share information with us anyway so I see no reason not to look at this as an immediate option. Paul Revard, what do you think?
As an Osage Mineral Council Member I, Paul Revard, plan to attempt to convince the other Council Members to research the possibility of litigation against the BIA and USF&WL. In the event the votes among the OMC fail in this regard, I may attempt to get other Headright owners and oil and gas producers to join me in researching this personally and possibly filing a class action law suit without the OMC support.
Blocking access to our well records is devastating. I mentioned this every time I spoke on the campaign trail. Taking 4 months and longer to approve a drilling permit is insane. The USF&WL is targeting our Mineral Estate. The windmills do not have to comply with the ABB issue, nor do the rural water districts, nor do the ranchers when they build ponds, barns, corals, etc. nor do the ranchers that have wild horses stomping beetles all day every day. I'm furious and will soon be polling the other OMC members regarding litigation; I will publish my findings soon. Regarding the low Headright payment, I expect the payments to continue to decline unless there is a significant increase in the price of oil. We need to increase our production and the US government is hell-bent on preventing development with an obvious intent to destroy our Mineral Estate. Remember Charles Babst pointed his finger at our representatives a couple of years ago in a meeting and said "its your own fault, you took the money" referring to our HPP lawsuit settlement. The USA is our advisary. They are destroying our Mineral estate on purpose and prevailing.
Private landowners can be held responsible for compliance with T&E species, but seldom are because it is hard to prove intent. Intentional destruction of habitat or harassment of the particular species is hard to prove outside of a federal action. I've listened to the council meetings and most of you are convinced that approval of lease and/or permit to drill is not a federal action in Osage County. Ask your new attorney, he knows what constitutes a federal action. The turbines, fence building, water lines are outside of a federal action, unless they occur on restricted Osage surface. Leases approved by the State are not federal actions thus review under the National Environmental Policy Act does not apply. No cultural review, no T&E species review That is why you can get a permit to drill in a day. BLM paid a dollar an acre for the wild horses to be turned loose. Those type of agreements are renegotiated every five years between Fish and whoever is seeking the exemption, and they cost money. It's really bribery to pay into the ABB bank. Offer Fish 1.5 million dollars for that type of agreement? Not with my money. Your cousin is making the case that the endangered species act hurts the mineral estate and wishes to bring this up to Fish. That particular part of the act was to help Tribes to hunt or fish an endangered species that has cultural significance to the particular group of people. But go for it why not? Dont think Fish will ever exempt the Osage from compliance with T&E species. And the part of the 1906 Act that refers to the government marketing the mineral estate no matter what is not going to work in court. If T&E species shouldn't apply here, then it shouldn't apply anywhere. Fish or the government would never agree to that. Getting a T&E species review in a timely manner is a different issue. That can be challenged. Just things to think about. I'm a shareholder, but am realistic. I don't think the Council can do much to turn things around. We don't have operators with lots of operating capital to comply with federal requirements and clean up their messes.
Since the OMC prevailed in the lawsuit, digging into the mineral estate is now a federal action requiring NEPA evaluation. Of course the council won't give a mining permit to the company so it's a mute point.
I support Paul Revard. And My thought if compliance was not followed with the Wind Farms there is discrimination going on here. We as Governors of this estate have no choice to rise above the occasion and must proceed without the M.C. No choice this has been going on long enough. Paul Revard I am in!!
Getting a T&E species review in a timely manner is a different issue. That can be challenged. No it’s not and doesn’t have to be. Actiion today matters. And not only delays what needs to be done only delays what we will have to do tomorrow. We need to act now. Get a company in here that will do what we cannot get done and survey our area and chronicle this bug. Map it!! It’s not hard to do. There a lot we can do just needs actions not excuses not to do..
Paul Revard is right. The BIA has $380 million reasons why they want to squash Osage County like a bug. Unless and until the BIA reverses course and manages the Mineral Estate as a business rather than as a vehicle for revenge, the outcome is a foregone conclusion. The ABB issue should have had the BIA aggressively fighting to remove the impediments that seem to be unique ONLY to Osage County. Unfortunately, the ultimate solution will be another lawsuit.
As to the Osage Nation running our OME business affairs, another situation has developed with the Nation not rolling over 2016 benefits if unspent to those who have the Health Card. The law provides for three years of prior benefits if unspent to be accrued and rolled over by ON law but as it stands today, only two years are being rolled over without a change in the law to justify or legalize it. No new legislation by the ON Congress has been signed by the Chief to amend the law so a number of us are requesting an investigation by the ON Congress to get to the bottom of what has happened and who is responsible for it. If they can do this to the average Osage Nation member, can they be trusted to handle our Mineral Estate and what is distributed in our headright checks? This is being reviewed by the Committee for a Responsible Osage Nation Budget at https://www.facebook.com/groups/2061358334178007/
HERE IT IS! THE BOMBSHELL -- A TERA IS ON THE AGENDA! All I've heard from day one is that a TERA diminishes the Trust Relationship with the Tribes and the Federal Government and most Tribes have avoided them for this reason. We must have an explanation as our Trust Relationship regarding the Osage Minerals Estate is U.S. Congressionally mandated (1906 Act as Amended) and the U.S. Congress MUST weight in IN WRITING before we even consider going in this direction either by an Act of the U.S. Congress to amend the 1906 Allotment Act or other written mandate separate, apart and specific to the Osage Nation/Osage Tribe by both Houses of the United States Congress!
See https://www.facebook.com/4OsageMineralsCouncil/photos/a.350370155716434/413576229395826/?type=3&theater
"(1)In general Except as provided in paragraph (2) and AT THE REQUEST OF THE INDIAN TRIBE (???) or individual Indian, any advance payments, bid deposits, or other earnest money received by the Secretary in connection with the review and Secretarial approval under any other Federal law (including regulations) of a sale, lease, permit, or any other conveyance of any interest in any trust or restricted land of any Indian tribe or individual Indian shall, upon receipt and prior to Secretarial approval of the contract or conveyance instrument, be held in the trust fund system for the benefit of the Indian tribe and individual Indian from whose land the funds were generated." SEE https://www.govtrack.us/congress/bills/115/s245/text What is this section supposed to mean? In addition, I don't see the word/s "Osage or Osage Tribe/Osage Nation anywhere in this document. Do you?
See the Osage Nation Constitution, “Article IV, Declaration of Rights, Section 5, Rights of Mineral Royalty Interest Holders (???): The Osage Nation Government shall not create any law or ordinance pertaining to the mineral royalties from the Osage Mineral Estate that acts in conflict with Federal law and regulations.”
There is a HUGE discrepancy in the verbiage of the Osage Nation Constitution as originally voted on and passed in a duly authorized election in 2006 by the Osage people:
Article IV, Declaration of Rights, Section 5, Rights of SHAREHOLDERS: The Osage Nation Government shall not create any law or ordinance pertaining to the mineral royalties from the Osage Mineral Estate that acts in conflict with Federal law and regulations.
IT REQUIRES AN ELECTION TO AMEND THE VERBIAGE AND I MEAN ANY WORD IN THE OSAGE NATION CONSTITUTION. DO YOU REMEMBER VOTING TO AMEND THE WORDING OF THIS SECTION OF THE OSAGE NATION CONSTITUTION? I certainly don’t!
I'm now getting a variation of opinion. The quoted TERA language above may well bust the OME Trust, defeat the terms and conditions of the 1906 Allotment Act as amended and place the money from the OME bonuses and royalties directly in the hands of the Osage Nation and in the Osage Nation Treasury.
Revised Agenda for MC Meeting today: Revised Agenda with meeting time at 11:00 a.m., today: https://www.osagenation-nsn.gov/news-events/news/minerals-council-meeting-information-20
Meeting is on live at https://www.osagenation-nsn.gov/multimedia/live-media
What is this residual fund they are talking about associated with the fixed 20% royalty rate. I like that the rate is fixed and don't want us negotiating all over the map especially if the Nation comes in to drill wanting a drastically reduced rate. It took a long time for that rate to get to where it is today and with the market and at the regulatory whim of the BIA, Fish and Wildlife and whoever all else, it's a good royalty rate to stand us to in times like these.
🌟🌟🌟 Back with the Chief and the Osage Nation's attorney from Washington, D.C., David Mullon to discuss the TERA, Public Law No: 115-325 known as S. 245. Mullon has written this legislation from what the Chief said. Chief selling this hard as staying within Federal law. Which one? He wants the TERA so this is a foregone conclusion at this point. Mullon speaking now. Came unprepared without the Powerpoint presentation. Giving a history of the TERA process. Tribes don't like it and neither does the DOI? So went in to fix it as a complete overhaul. Wrong and was very prescriptive with a burdensome process no funding either. Now it's predictable and can control it with the Trust responsibility is maintained. The DOI does have a roll to approve and will have interaction with the Office Indian Energy (?) that will manage the TERA and other key pieces and is totally voluntary. Sitting there for Tribes if they want it. Is a new funding provision to re-coop additional cost to take it on. Does not repeal the 1906 Allotment Act as amended. Is voluntary and has a choice as to how much they want to have of it. Can test it and limit it as we go forward? This seems thin and flimsy already. DOI is embracing this piecemeal and if it doesn't work in five years then you can unwind to the old way "with negotiation”???). Sounds like playing around with quicksand.
What can we do: enter into leases with the Chief's approval now? Enter into other businesses like joint ventures… (OH boy. Visions of Osage, LLC.) Terms of any lease include any kind of energy develop that is energy related for 30 years and giving examples: hydro power uranium. Post leasing functions? Applications for permits to drill. Sounds like a supermarket but where do the CFRs come into play? Sounds like just another layer of regulations on top of what we already have that are killing the life out of us as it is already. Bare bones step by step? We will need more information than just a skeleton. Free consultation with Indian Energy. Have to look at the law carefully and have to be compliant with the law. What law? Have to qualify now? 1) The Tribe can demonstrate that it can perform some land function. 2) You have experience in oil and gas leasing. Work with Tribes that are very experienced with oil and gas. We aren't. The BIA has been doing all the work other than us fronting the leases and the Superintendent approves them.
Like NEPA? With the Tribe's own environmental requirement. At the end of two years of attempted compliance? Once approved can handle leases. If BIA isn't responsive to leases and drilling applications then NEPA is not triggered? 270 days to get their NEPA underway or it goes into effect? Operation under a TERA ongoing negotiations with oversight by the Office of Indian Energy? Federal trigger allowed?
Council has signed 2 (two) documents for self-governance with the Chief? WHAT! Why weren't we informed of this in advance. Harlan remarks-Removes NEPA and ABB problem. Pipestem says no that's wrong and back pedaling. Reserved for Executive Session. Of course. Is the MC going to lose authority? Chief says the Constitution will prevail but reaffirmed with an agreement that the MC approve? Wait a minute! Harlan says that there may be other Chiefs down the line who may not agree…
What is the downside? Doing some things that the BIA is doing then the environmental review under our own law plus we still have to meet with NEPA law too? Take over mineral leasing functions and will need competent staff to take over. So will actually have to work and probably work hard. Will need to properly budget (oh boy) need to adopt new CFRs within one year from December 18th, 2018. Regulatory funding for sharing activities? Money has to be spent for that particular function. Understand how we get the funding or we don't get it? This is so complicated already... Reinforcing the Trust responsibility. BIA didn't want the TERA. Now the Trust relationship won't be diminished? They aren't going to stand to and be liable if we screw this up from hell to breakfast so that's a given.
HEARTH Act being mentioned and the Navahos. Took them 9 years to implement finally begin doing something and then the HEARTH Act came in. Now are better than the BIA. This is prohibitively complicated and may need to take the off ramp. I say we take in now rather then later. If we have to deal with all this, it will be more than a plane crash, the entire airport will blow up and I mean right off the map! HEARTH Act was well liked and discussing this situation. Remarks of Margo Gray. We already have sovereignty and have had since we established it in the 1800's. Really! Always has to weigh in. Good for all Osages? 49 Steps to get to the process for a lease approval now and this TERA will shorten it? It doesn't sound like it. Can start small and build on it. Work piecemeal on it and can amend the TERA?
First consultation for the application. Confusion on whether have to have the TERA application in by Dec. 2019. That is a very short time to change the CFRs! We've already lost two months of this year. This sounds like a disaster in the making. How long does the TERA approval take? There are deadlines and will know within six months. Asked if other Tribes are participating and he's not giving an answer to the question but talking all around it instead. I’m guessing no other Tribes are involved.
Discussing the owner of the well records. TERA makes the BIA cough them up with regulations. We own the biggest sandstone oil and gas reserve located in the Burbank. Again talking the 20%? Ensure that we have the ability to go after the trapped oil and only National oil and gas companies do it now. So hiring Conoco/Phillips and the like are now on the table. More complications here people well beyond having people who don't want to come in to work... This needs to be analyzed carefully before we get going in this direction for sure. Interjecting the uniqueness of the Osage this looks like a problem there just going in. NEPA has been hurting us an Fish and Wildlife with the ABB.
Will have to follow NEPA but won't be following NEPA? Some other environmental review process that will be your own but will look like NEPA? I'm beginning to laugh here... So we have to have compliance with a whole new body of environmental law that will require the Congress to come into work everyday? That may be very difficult and with the way the Nation complies with the laws on the books now, will have to meet or exceed NEPA? COME ON! There's no way that the BIA Superintendent will sign off on leases where we are not complying with Osage Nation law when we ignore it along the way like we do on a daily basis. BULLHORN ALERT!
Letter of concern to allow our attorneys to have information requested from the BIA. Nation will be permitting everything in sight? Lost the feed...
OMG! This is way over our heads going in from a "know thyself" standpoint. CHIEF what are you doing and what are you proposing to get us involve in? MC you really need to think this through and ask yourselves if we are really capable of taking on a gigantic venture with funding that has to be qualified for all along the way with yearly reviews from an outside agency and the BIA still in control with the final say and sign off on moving forward with everything from leasing to permits. You can't drive down the street without hitting the curb and yet now you want to get us up and running on the Autobahn at 120 miles an hour? No NO NO !!!! Paul Revard, where was my question about where the royalties and bonuses will go? To the Nation’s Treasury or into the Trust account?
One Osage is now speculating whether or not this is setting us up to fail and the last few nails in the coffin. It wouldn't surprise me in the least and the Chief and certain other MC members are foolishly and naively being lead by the nose right into the killing zone. OMG!
Back live... Can't find the grant? Several members of Congress have stepped up to create laws for the TERA? Everything has to happen super fast. Here we go again... throwing it at the wall and hoping it sticks. SENSATIONALLY STUPID from the get go. NEPA clone and CFRs and who knows what all else have to be in place in 10 months... ten years maybe... you've got to be kidding me! Set up your commercial codes and feasibility studies? OH GREAT! How much will this cost? More laws the ON Congress will have to create and put in place? March 1, already backing off of that date so delayed from the very beginning. Exploratory Meeting with the Chief. Congressman Maker is interested in this exploration? What need to be done and how much it will cost. We have no more money for 2019 in the budget left to date for a project this large and can't get the job done from October to December when we will so this is a dead on arrival proposition from the outset. ON government insanity revisited but this time with our Headright income at risk and on the line. We, as shareholders and beneficiaries must have the right to weigh in with an Osage Nation election on this "grand proposal." IHS report from C. Forman to update her report and pay for the data to update it. Trying to get natural gas prices updated. They are fighting now Harlan and Forman on getting the information on the data that the Contract covers and what is needed for the update. Imagine what will happen among them when the whole system is overhauled to adopt a TERA. Talking about the requirements being met to go into Executive Session and Talee is asking questions about it and whether or not they are meeting them. In Executive Session with a 5 minute break.
This will be a tremendous burden on the Osage Nation goverment financially and those without headrights will hit the ceiling if they allocate funding for a dime of this scheme.
What we have here is a completely undoable situation. Clearly whatever the Utes are doing is not associated with a TERA because it just became law in December of 2018. So, are we expected to be the legal test case or the guinea pig as it were? I don't think so. Secondly, there is a moral imperative here and an ethical aspect involved in spending the Nation's money of all Osages who do do not receive Mineral Estate headright income no matter where they live in favor of those who do without asking their permission in a duly authorized election which we cannot afford within the given time period in which it's to take place. If we have structured an election for gay marriage, I submit that spending the public funds which are the Osage people's money on the Shareholders exclusively when non-Shareholders are having to go without, then it should be put to a vote in a General Election. By the same token, there should also be a Minerals Council election of the Shareholders as well as to whether or not they want to be involved in a risky, untried and unproven scheme that requires so much Osage Nation legislation, a new Federal governing body (Indian Energy) with authority that has never had jurisdiction in Osage County before and gamble on a new Federal law that no Tribal community has ever been involved with or tried to make work in practical application heretofore. The risk is through the roof no matter how you look at it and within the specified time period designated today, it's just not reasonable or prudent to throw the dice on this ill-conceived option that's really no option at all.
All I can say the M.C needs to use better judgement. This is not the answer as the Nation would tell you. In fact this has been a dream of the Nation and the agenda behind this is they do not want you to know you have access to funding to build a reputable M.E / Petroleum office. I will say this I was mortified at some of the questions that were asked. Example, what are we to do after the policies are in place, well I guess you open shop and perform? What does that mean, in other words you will have to work as a elected official is to do. But but but, what does that mean? You open office. We as a headright owners have a right to vote if we want this M.E to enter into another agreement with the Federal Government and yet no other Tribe has done so and I am not willing to take the risk when I.C is trying to pull away from the very thing that has come to hurt us is regulations and this does not put a bandaid on that wound. All we are is layering more regulations. We want to see the pros and cons in writing not just that as I have said before the resources are there and The Nation is the answer not the feds. We are allowed to have access and it’s time we stand up. After all it is written in the 1906 act as amended. Not just that, you will see law suits if we do not get a fair and balanced vote. How is this going to streamline accountability and transparency? It won’t.
I just spoke to an Osage who wants to know what "Indian Energy" is and whether it's a part of the Bureau of Land Management. It's the OFFICE of INDIAN ENERGY POLICY and PROGRAMS which is a U.S. Department of Energy division. See https://www.energy.gov/indianenergy/office-indian-energy-policy-and-programs
I can see right now that we are going to have the "Consultant" Class all over this thing like white on rice at a price tag that will be unheard of and mind boggling.
February 21, 2019 at 11:37 AM--All good questions that I'm sure were addressed in Executive Session even though the money from the Minerals Estate Trust comes to the Headright Owners who are the Beneficiaries and who are the very last ones these days to receive full disclosure from either the Osage Nation government (the Chief) or the members of the Minerals Council who seem to act more like representatives of the Osage Nation than they do of the Shareholders who elected them. The mineral rights income from royalties and bonuses, other than the funding from the drawdown, does not benefit the Osage Nation or any office, department, agency or instrumentality of it. It benefits the Headright Owners whose real financial interest, of supreme importance, is the first to be protected, not the last.
Minerals Council Meeting Agenda for November 14, 2018 and to listen to the meeting on demand see
ReplyDeletehttps://www.osagenation-nsn.gov/who-we-are/minerals-council/meeting-information
EPA Regional Head Indicted On Ala. Ethics Charges: https://www.law360.com/environmental/articles/1101395/epa-regional-head-indicted-on-ala-ethics-charges?
ReplyDeleteI thought the woman was going to be offering her legal services for free as part of protecting the Shareholder's interest. So ugly how these elected officials change when they get elected to office. Unrecognizable half the time from who they put out there they were before the election.
ReplyDeletehttp://www.osagenews.org/en/article/2018/11/20/omc-sends-odot-proposal-attorney-general-review/
There is a lot missing in this contract,” Councilwoman Susan Forman said. “You don’t have notice dates for terminations and payments. There’s no late payment fee language. You don’t establish a time for us to receive payments. You mention other payments that we’re not entitled to – I’d like to know what those are. Now this is why we elected Susan Forman. Putting the interests of the Shareholders first.
DeleteI too would like to know about additional payments that we are entitled to know about?
I too would like to know what was the initial offer amount Enel offered and we turned down?
And I would like to know what we are asking as far as relief is concerned to the M.E?
In the end this our land and we dictate and or negotiate the contracts not the other way around.
We set the parameters.
I voted for S. Forman, and I have No regrets so far. In a previous MC meeting she was speaking and said she had a couple of comments, and Waller snapped back and responded to her immediately "JUST ONE." I'd still would like to know what else she wanted to bring up, it's ALL IMPORTANT when it involves the ME, and I respect her intelligence. It's terrible rude to shut someone up who asked to speak their thoughts on important issues. That's why there are meetings and they are recorded so those who missed the live recording can still hear it, anyone who listens to the meetings are "participating" in the ME issues.
Delete"...I too would like to know what was the initial offer amount Enel offered and we turned down?..."
---each and everyone of us is "INVOLVED" in this lawsuit. WE are the reason there is a lawsuit. I know you can't discuss an on-going lawsuit, but that does not heed having 'final payment agreement' vote by those it's going to affect.
My understanding is that they turned down a figure larger than the settlement. Not Cobell, the other one. Yes. They turned down hundreds of millions of dollars, when this mineral state is in a death spiral. Idiots.
DeleteI also failed to say what about filing against our trustee as well the DOI. Has that been done? Th Damage is done no doubt. I think the better question is now are we to become part owners of this company? I say this because this is a life estate and so should the payments be life as well. If this Winf Farm can generate electricity for Forty Five thousand homes. Do the math, that’s fifty four million dollars a year can be generated form this wind farm. My question to all of you since no one from the M.C. is asking us is do you want a lump sum settlement or do you want life payments? A typical length of contract is twenty to twenty five years, but in our case or circumstance is different in a lot of ways.
DeleteBecause also the DOI failed us as well. This case is in the hand of the Supreme Court and I believe we were to hear something by this October but has not happened. One thing we know we can sit idle at anytime when it comes to our estate because it hurts our front end we must be vigilant.
We are now approaching another lease sale my thoughts harm has come in the worse way to this estate, our reputation and we are our Sovereignty has been attacked. We have a huge paper trail with facts to support since the HPP case we have taken a nose dive for the worse, our reputation has been harmed and to add it did not help all the while the Drummond drama was icing on the cake which caused the BIA to react rather than take a stance for our rights and the harm that they have caused as well. In all of this in its entirety stinks to high heaven come. And worse the shareholders do not get any update as we maneuver through the system is failure on the M.C part and DOI who is also is the representative of our Estate has failed us too.
I don’t like the excuse that is used that they don’t want to give the details away about the litigation, excuse me we deserve to know the fine print otherwise how they to know(MC) which way the Shareholders want to go without input otherwise? The Buck starts with them and ends with them it is our money and concern too and we as shareholders have rights and they should be honored , forthright with the truth of the matter. The majority matters. We The Osage matter.
If we get payments from the wind farm Enel are we going to index the payments? These are the things we should know about, for example when rates go up because I am going to assume we.are looking into royalties they need to increase as well.
DeleteI prefer a "lump sum payment." As with others, I have financially suffered from the repercussion of the hpp lawsuit. There is no guarantee of such a thing of "life payment" involving the wind farm. If we get the Enel wind farm instead of cash, then let's sell it to an "energy company," divide the revenue among the headright owners, and sign a contract for future royalties.
DeleteIf the MC runs the wind farm, it means hiring engineers, supervisors, crews, more vehicles and gasoline to run these vehicles, taxes to the State, taxes to the county, audits, office/trailers for crew and supervisors, heat and air condition cost of such offices/trailers, office equipment (computers, phones and the monthly cost of these), communication radios that goes in vehicles to communicate to others and the office, portable toilets, safety officer (OSHA), government regs, EPA law/involvement, workman's compensation and insurance, insurance for all vehicles, Bonds, high cost repair and maintenance of fans themselves, State inspections, Federal inspections, . Who is paying for this, shareholders?? Just more monies not reaching the headright owner's accounts. Who will be getting these big paychecks, Osages, don't think so.
Do you think the Chief would try to get his savey (ha) business entities in on the action?
Does anyone know if that $46,000 payment from back payment of a company is part of the Dec. quarterly? And did the MC take a big chunk of it?
There is obviously a lot that needs to be discussed here about this VIP matter to say the least concerning our rights snd the Wind Farm Enel.
DeleteA lump sum will happen no matter what, this much we know that’s a given...this would be considered apart of the estate as on going or should with royalty payment to everyone in the future for the life of this wind farm. The M.C would not run the wind farm. Operators are just that but problem is the potential for us to develop in the future has been compromised along with our traditional values..absolutely right since the HPP our estate took a nose dive for the worst because of the failure to protect the interest of the Estate by and by the BIA and DOI have are incompetent.
Like I said voting that our superintendent incompetent what has that done for us?
Why are we always in the Court of Opinion?
Lastly, yes my family is out huge huge money as well. Yet still no answer from the MC or the Chief..
Remember the Chief May not be the M.C right? But he is a representative as well.
We get nothing, but heartache for those who depend on this for their income besides for their Medicare payments.
We hear nothing about the Fletcher case and the quarterly notices have all but completely stopped.
"lump sum payment" and a percentage of the payment monthly just like it was oil coming out of the ground. In other words, bonus and royalties because that land can never be utilized for oil and gas income and shouldn't be tied up forever without ongoing payment for the loss of oil and gas revenue on a continuous basis. This is fair and right.
DeleteAbsolutely
DeleteNot only has Enel done harm and permanent damage to the land and the ME natural resources, and trespassing on land in Trust, they should also have charges filed against them by the U.S. government for breaking and overstepping the D.O.I. laws. These "fines" should also be put in the headright owner's IIM accounts along with the lawsuit damage payment and yes, I agree, continuous royalty payments or an estimated future lump sum for future royalty revenue lost, just like the royalty revenue we've lost resulting from the hpp lawsuit.
DeleteDo you mean trespassing on the mineral estate? The surface of where the turbines are located, are owned by big ranching families and are not restricted or trust lands. While I'm not thrilled with the turbines and how they look, they are located on fee property. I never understood why people comment that the turbines are on "our" land, because they are not. Were they put into the ground which is the mineral estate? Yes.
DeleteFee property minus the minerals rights and all that it entails.
DeleteBig payment up front and all payable to the Headright owners in the Federal Trust account as lost oil and gas income as a result of the wind machines on the land. Plus, the continuing payment should be a flat monthly fee with the possibility for renegotiation in intervals every five years or so with the company. This should be on the basis of gross income NOT NET with no additional costs, taxes or fees that may come in to play as the years move forward. What has been happening in Kansas is that the landowners have made a deal with these wind farm companies but the fine print includes payment on net, not gross income, with additional costs, taxes and fees that "may" come into play in future. In some cases within a few years, these various "costs" have skyrocketed and have overtaken the amount paid out to the landowners on the part of the company. As an example, what began as a $1,500 payment a month to the landowner per each wind machine built on the land has now dropped to $400 a month as a result of the "net" designation that has become littered with costs and fees and taxes of one kind or another taken right off of the top before the check arrives to the landowner. Since it has been a matter of legal agreement, the landowners are stuck with this arrangement or made to go to court which for many isn't a viable option for them.
Delete"trespassing..." "...not restricted or trust lands..." so the only and main thing this law suit is going on in our favor is the judge saying the moving and breaking of the stones is classified as "mining," which they had to get approval from the ME/MC and the B.I.A. If the judge had said it was not "mining," then the lawsuit would have been rejected?
DeleteThank you Osageblogger for the above information, real informative. This case is so serious for the headright owners because mainly the need of cash in these Osage hard luck events upon us. This lawsuit is so intriguing, like a soap opera, what in the world is going to happen next. It can go one way or the other with just one decision. Like what will become of the wind farm, I don't really think the judge would have them dismantled? Who is going to benefit from the decision vote? In the end result, maybe the company and shareholders can equally benefit. Enel making revenue and the shareholders also on the receiving end.
DeleteI never thought about the ranchers on fee/restricted property (residents above our ME on their own property), but I understand now that "it's not our land." In some MC meetings it has been mentioned "we are unique in our situation," is this because of the ME "below" the surface and everything else above ground is something else (i.e. fee property)? Like, do other oil owning tribes own the property their drilling is done on?
DeleteYou're welcome. It's our mineral rights and by law including State law we have right to harvest the oil and gas and the right to gain access for the oil and gas producers to the land involving the leases. Every landowner was aware or should have been aware that the mineral rights have been reserved to the Osages. It's written in every fee simple property deed to the land they own and has been since 1906. In the State of Oklahoma, once you retain the mineral rights, it becomes the dominant estate. Federally or Statewide, the landowners in Osage County have no where to turn because it's a matter of law no matter what. The reason that the wind farm people were in such a rush to get those machines built is because "possession is nine-tenth's of the law". They ought to be made by the Court to dismantle them and take them down altogether just like any other squatter on our ability to place mineral leases on the land but that likely won't happen because the actual landowners have given the OK for this use. All the same, from my point of view, the landowners have just as much liability if not more because they knew or should have known better than to agree by contract with the company to move forward without requiring Enel to have all of the permits from the BIA and other business permits according to law and regulations both Federal and local in order before the holes were even dug in the ground.
Osageblogger is right. The Ranchers knew exactly what they were doing when they negotiated our rights away for the windfarm knowing that this was illegal to do in the first place and no they should not be receiving any benefits from them period. And Enel knew we were not going to approve the permits.
Delete"...negotiated our rights away..." - Guilty by all means. How could a landowner in Osage County not know the laws of the B.I.A. concerning the ME?
Delete"...the landowners have just as much liability..." - during the court investigation procedures no doubt they had to testify and respond about their contract with Enel. This is a Federal offense (D.O.I.)
"And Enel knew we were not going to approve the permits." - and that just about explains the whole scheme and sham by both Enel and the landowners.
That would really be something if the wind farm was ordered to be dismantled, but who really has the last authority to order such an ordeal?
The transcript of the oral arguments that were argued today in the Supreme Court of the U.S., associated with the Murphy case is now available to download from the Committee for a Responsible Osage Nation Budget Facebook page at https://www.facebook.com/groups/2061358334178007/
ReplyDeleteHalf the land in Oklahoma could be returned to Native Americans. It should be... See https://www.washingtonpost.com/outlook/2018/11/28/half-land-oklahoma-could-be-returned-native-americans-it-should-be/?utm_term=.00b9cc9db71c
ReplyDeleteThe most curious thing about all this is the remarks of Justice Samuel A. Alito Jr. who said that it was a little late to raise the idea that half of Oklahoma is an Indian reservation. It isn't Native Americans who need to raise the idea that Oklahoma is an Indian Reservation. It's the U.S. Congress who make that determination not the Tribal Nations themselves. If it requires language in writing to so disestablish a Native American reservation and it's just not there then the legal presumption is that the pertinent reservation/s in question haven't been disestablished all along. Is Alito alright? Barking dogs, my eye!
DeleteSee https://www.nytimes.com/2018/11/27/us/politics/oklahoma-indian-territory-supreme-court.html
Do we make a state for Indian Country because half of Oklahoma is reservation?
DeleteI would say this because half of OK is reservation we should tax Ok or quit the taxing of our reservations period.
This was our land before the colonists took over. That’s the truth. But of course we know this.
Oil and Gas Summit:
ReplyDeletehttps://www.facebook.com/OsageNews/photos/a.153834188010750/2044152402312243/?type=3&theater
Be sure to join the "Committee" because polls and good stuff are being posted here:
ReplyDeletehttps://www.facebook.com/groups/2061358334178007/
Why aren't WE doing this? See https://www.facebook.com/visitcherokeenation/videos/891845067871446/UzpfSTEyNjkxMDU1NzM6Vks6MjA0MjkxODc1OTA4NDc2OA/
ReplyDeleteHas anyone received their headright payment via direct deposit?
ReplyDeleteNope
ReplyDelete"Helium Shortage Is Bad News". Prices have gone from $25 a tank to $300. If no other reasons existed this is all the reason in the world to secure and protect our mineral estate. It appears this is going to be a valuable resource moving forward.
ReplyDeletehttp://www.newson6.com/story/39583939/helium-shortage-is-bad-news-for-more-than-balloons
FYI: Jim Perrier:
ReplyDeleteSee article "Buffalo and Buffer Strips" at https://nrcs.maps.arcgis.com/apps/Cascade/index.html?appid=ddb65c988277464f92d2472f86941910
Solicitor General urges Supreme Court to let 10th Circuit ruling stand in wind case. See http://www.osagenews.org/en/article/2018/12/05/solicitor-general-urges-supreme-court-let-10th-circuit-ruling-stand-wind-case/
ReplyDeleteUnder federal statute, any mining activity conducted in Osage County requires a permit from the BIA. Neither Enel Green Power North America nor its subsidiary, Enel Kansas, obtained one on the grounds that they thought it was not needed.
DeleteI think this is a bold face lie to be honest because of the speed up on building the wind farm these companies knew exactly what they were doing. They knew the BIA and the Mineral Council would not approve a permit.
The solicitor general, is he versed in Indian Law ?
It was deliberate to say the least and a violation of our Sovereignty no doubt about it..
From my point of view, it was a crime of theft in the illegal taking and unpermited use of our minerals. Try doing a thing like that in the public sector on fee land with the mineral rights reserved to another owner or on Federal lands, it will lead to a lawsuit and the action by the court will and should be swift and merciless. Why should we not be able to expect the same result in a Federal Court of law?
DeleteCLO Oil & Gas Lease Sale Results:
ReplyDeleteHow minerals leasing in the rest of Oklahoma is doing:
https://clo.ok.gov/services/auction-information/minerals/?fbclid=IwAR2hj5P6kPwOXaTaadF-6mVuLMmcdjYeojpea_kt4WRXTybgHMcxdXwWMGc
Click on some of the links and look at the eye popping lease bonuses that are happening elsewhere in the State.
Not just eye popping evident something is really wrong And directly points to bad management, it’s beyond incompetence.
DeleteThis is evidence by what I am reading here,
There is no structure.
Did you see how many lease sales were happening per year?
We need a working office.
"We need a working office." -- I think the ME current computer endeavor is the first step towards this. Something went awry with this election, what a difference between this last election compared to the prior concerning the amount of candidates. Why elect someone with no oil/gas/energy background to run an empire (ME not a nickel and dime outfit) that many Osage lives are dependent on to make ends meet. The next election may only have the current MC on the ballot. A real hiring process, you hire those that meet the qualifications for the job. Companies should not have to wait for MC meetings, or sit through our business reports to discuss business with us. Calling a special meeting to meet with our part time employees sounds like a correct response to do.
DeleteNow is the time to send out a poll to all headright owners to discuss if they think a new structure is needed and to submit their ideas. Three and half years to work on a new structure and new election protocol like hiring each MC for a job described position, not hiring and then letting the MC decide what they want to do?
What empire? Are we relying a bit too heavily on our medical marijuana? The Minerals Estate has been run right into the ground and at best we will need a skeleton crew to shut it down after the Feds get through with completing their master agenda.
DeleteThe Constitution will have to be changed and the Shareholders don't want anyone on that Council who doesn't have a headright. This is a Native American endeavor from start to finish. You can't cut them out of the herd no matter how you try or how incompetent you perceive them to be. Start dealing with this situation from standpoint of the reality on the ground. We've had enough pipe dreams and the expensive nonsense that leads to from the Osage Nation government. Where have you been?
The Minerals Council hired Wilson Pipestem today during the OMC meeting. They did not say why or what they intended to use him for. Its worth listening to. Pipestem gives a long dialog about himself. Not sure how much of it is true. If you listened. Please weigh in on your thoughts.
ReplyDeleteListen on demand at:
DeletePart 1: http://mixlr.com/osage-nation/showreel/2018-1207_4omc_pt1/
Part 2: http://mixlr.com/osage-nation/showreel/osage-nation-on-mixlr-92/
Part 3: http://mixlr.com/osage-nation/showreel/osage-nation-on-mixlr-93/
The Agenda for this meeting is located at https://www.osagenation-nsn.gov/news-events/news/minerals-council-meeting-information-18
Thank you for making us aware of this new hire. He's very expensive from what I've come to understand. I don't know why they would add him into the mix since his last lawsuit for the MC, the HPP, when he was apparently on board with the settlement money going to the Osage Nation rather than be disbursed to the headright owners. We need to keep a close watch on this guy and what he'll be doing in the future. I don't like this one bit.
DeleteWas it Wilson Pipestem suggestion or was it on the authority of the Chief to keep the money from the HPP case. The only difference is the Judge recognized the Osage Shareholders were entitled .
DeleteI believe this lawyer has done well for the M.E in past history and because he understands adds value to the M.E.
We have a huge fight on our hands.
Has anyone of you read any of the court cases well I have thoroughly.
I happen to agree with Tina Allen a crime of theft and a illegal taking has happened concerning the Wind Farm Case.
This has been going on since 2011 and we need a bigger voice.
We are not talking chump change here.
I’ll give you a run down.
The surface owners regarding the Wind Farm are saying they have a right to develop their land they bought knowing the lease they signed they could not. Grazing and farming allowed.
Then they are saying we never had intent to develop of which is , full of boloney. Why, just because we haven’t doesn’t mean we weren’t. And now that opportunity with 89 turbines the M.E has been compromised. It is true Wind Farms devalue property.
They are saying the CFRS and the 1906 act as amended is ambiguous.
They are also saying anyone who has put a pool in their back yard were the surface owners questioned or asked for a mining permit. Laughable because we are not going to put a well within so many feet of the property they purchased per agreement.
This was in short.
I hope the SCOTUS gets this right.
Then to address the Fletcher case? We should be on the verge of a outcome soon as well.
All in all in the end the BIA (sic) has failed the M.E and the Osage Headright owners. Reflects in our front end untold dollars.
DeleteIn Part 2, Pipestem was talking about Fish and Wildlife and the American Burying Beetle and those implications as of April 2019. Discussed influence and pressure. This may have to do with lobbying in Washington D.C. and seems to not want to go to the level of a lawsuit as a last resort. If having a fiduciary relationship with the Federal government hasn't turned the trick and made the difference, I don't know how effective spending MC dollars for lobbying those who work in Washington D.C. will be. Also discussing the CFRs and an update to them is apparently still on the Agenda for the future. Wants to be creative with the new CFRs? Talking about the Nation and not so clear about whether it's the Nation or the MC that has the ability to make changes? Says the CFRs are the law and appears to want to change them from what they are now. A lot of good faith and compromise needed? On whose part? The Federal government or the MC? Talee spoke about the Fredericks law firm and why Indian lands are seen as public lands. Says our reservation status issue isn't over and discussed the implications of the Murphy lawsuit in front of the SCOTUS at this time. Innovation with legal infrastructure with regard to where the Trust funds are going to go? Chairwoman Harlan nominated Pipestem to be the local council for the MC at $300.00 an hour. Susan Forman said she wanted to take it under advisement and make the decision at a later time. Motion for a vote went forward and passed with 6 for, 1 against (Foreman) and 1 abstention (Paul Revard). Taking time to make a decision about hiring Pipestem was a good call from my point of view and the vote on this shouldn't happen until everyone on the MC has the information they need to feel comfortable. This one felt like a "Classic" Osage end run. If Pipestem is now the local council, then where does that leave Fredericks' law firm? Have they been replaced or are they working on just the windfarm case? Too many questions left unanswered and the six that voted for Pipestem all get a huge black mark as far as I'm concerned. They hired him even before the terms and conditions are included in the contract that the MC wants and therefore the thing isn't even yet dry on the page! You've got to be kidding me. Kudos to both Susan Foreman and Paul Revard for refusing to go along with it.
Something is amiss and we have to hear about..it. I don’t think they are putting the cart before the horse here. Of course we have to wait and see.
DeleteI'm beginning to hope that the Boone lawsuit on that screwy MC election is successful. None of these people other than Paul and Susan are doing what I want them to be doing. Don't hire that Ponca woman to run the MC election again. She flat out lied to the MC when she was asked if she was outside. I saw her standing outside on the sidewalk in front of the MC Chambers building where the MC election took place. I watched as she said hi to another Osage coming back from voting in the General Election.
DeletePonca said right out loud that she wasn't outside when Cynthia asked her if she had been outside.
DeleteAs usual, it's a slapdash-o'rama all over again. This isn't just a disappointment, this is pure and simple going back on campaign promises that we were going to have a solid team of MC officials who would behave like professionals. Harlan lead the pack with that vote to put in the dreaded Pipestem. Dreaded because of how he tried to structure the HPP settlement in favor of distribution to the Osage Nation and not to the actual shareholders where the money belonged and ended up as a result of a smart Judge who saw right through him just like I do and others who have been contacting me over his being recently hired by the MC. Shame on Harlan for that motion to put him in place as the MC house local Council. As an attorney and a Tribal Judge, she of all people should know that the contract with Pipestem should be in final form for signature before the members of the Minerals Council vote by a motion to hire Pipestem. So far she's been a loose cannon and totally out of control with filth coming out of her mouth from what I'm hearing from one person after another. They ought to sanction her for conduct unbecoming and as a result, file a complaint against her for unethical behavior in my opinion.
Delete"Innovation with legal infrastructure with regard to where the Trust funds are going to go?" This is Pipestem's idea. What's that supposed to mean? That they will change the way the Trust funds are collected and distributed with legal infrastructure in place to enable them to do so? This sounds an awful lot like the Nation being in place at some point in the future to have the royalties and bonuses deposited in the Osage Nation Treasury to me. When that happens, my guess is that you can kiss funding for your quarterly payment check goodbye. If there are no funds in the Federal Trust account as it stands today because it's been closed and the funds have been diverted and placed in the Osage Nation Treasury, how much with be in your headright check coming from the Federal government's Office of the Special Trustee? Does zero sound about right? They can't fool with your headright by law but they can make changes and "innovate" with the Federal Trust account where those funds are accumulated and generated on a quarterly basis for payment to the Shareholder and this is at the sole option of the Federal government, not the Osage Nation. It's stated right in the 1906 Act as amended. The absolute last thing we need is Pipestem in Washington D.C. being paid by the Minerals Council to lobby the U.S. Congress to end the current oil and gas income Trust set up for the Headright owners as the beneficiaries by the 1906 Act as amended and as a result, step away from having the BIA and the OST collect the Osage Minerals Estate income. Then where will it be deposited? In the Osage Nation Treasury?
DeleteDon't think for a minute that this is a scare tactic. It's well thought through and subject to deductive reasoning on the basis of what is actually possible. if anyone tells you that this is not truthful, they are either ignorant of the the facts or they’re lying to to you. We must be on guard now and demand that all those closed meetings in Executive Session that used to be open start being open again. This is our income that a number of us depend on and we have every right under the law as Federal Trust beneficiaries to know what they are planning to try and do with that income now and in the future.
As far as I'm concerned, she's in flagrant violation of Article X, Ethics, Section 3. "The Conduct of Tribal Officials and Employees: All tribal officials and employees of the Osage Nation shall avoid even the appearance of impropriety in the performance of their duties. Officials and employees shall refrain from abusive conduct, personal charges, or verbal affronts upon the character, motives, or intents of other officials or Osage citizens." Note the term "abusive conduct". Any elected official using filthy language directed at another elected official, Shareholder or Osage Nation member in public or in a conversation over the phone should be subject to an ethics complaint and conviction because they are in full and open violation of this Article and Section of the Osage Nation Constitution. It's right there in writing and shouldn't be ignored.
DeleteTruth is, he may be being brought on board in part to stop Paul Revard from actively participating as a member of Council since they've been able to sideline Harlan from having control of the MC as Chair. In my opinion, she was flying close to the flame ethics wise when she was always trying to insist that he can't vote because he still has leases and is an active producer in Osage County. Pushing the conflict of interest line all the time like she was more of a judge and not just another member of the MC even going so far as to seek an opinion from the AG's office on the matter wasn't her place as far as I'm concerned. Seems to me like she's still in a high snit over what happened to have her replaced as Chair of the MC. She keeps sniping at Susan in meetings as well and that shouldn't be tolerated by Chair Waller either. If the six think they can marginalize and set these two aside when the Shareholders have voted for them, they may have another thing coming.
DeleteOr this may be a prelude to a direction I would like to see them go in. Finally.
DeleteOMC should have listened to Mr. Sicking more closely and hired his firm to file a parallel lawsuit to remove the ABB from the endangered list. Hiring Pipestem is a waste of money. Why not run with the guys who already have a head start in the ABB battle? Doesn't make sense except to play favorites.
DeleteIsn't he already representing the Osage Nation Bluestem Ranch Board? How many paychecks from the Osage Nation is he looking to get? The huge flap before the last election had to do with all these legal fees going out the door because of the MC hiring them. What happened to that flap? Didn't that Bright woman sue on the basis of all those legal fees and wanting to know what was being on them? We don't need to be spending tons of money out of the MC budget for lawyers again who run off to Washington D.C. and lobby when what we really should be doing is suing the pants off of the Bureau and the DOI for what they've been doing to run us in the ground with all these regs they've let in the door when they had no leg to stand on. There is a statue of limitations as to when you've been harmed and have to take action legally and we sure as hell have been harmed and badly. The action of last resort? Not in my book Buster. Get these people back in Court to account for themselves. ABB has been there for years and years and we never had to kowtow to Fish and Wildlife. Those regs for EPA-NEPA didn't have to come through the door either until the BIA let them through and all to keep from being sued themselves? This is their problem and should never have become ours because when you have a fiduciary Trust obligation you are required by law to put the interests of the Trust beneficiaries above your own first time, every time. Someone at the Bureau in Washington, D.C., has conveniently forgot about that even after the American public had to pay billions of dollars out in the Cobell lawsuit and millions out for the Osage HPP case as well. Now I'm hearing all this about certain policies and procedures that have been added into the mix above what are called out in the CFRs that are continuing to cause problems with lessees being able to drill out in the field and it taking as long as two years to finally drill a hole in the ground as a result of one or another of these regulatory scenarios that have been allowed to come into play that shouldn't even be there in the first place. Isn't this the season to cry BAH HUMBUG? Well, I'm crying it out loud and clear.
DeleteOnce again why are we in the courts all the time it’s not like business another day here. That’s the probably. We need to satay in the know we need someone’s to follow through on every single question and dot the i’s and cross the T’s . We need people on the ground and by the promises after the lawsuit (HPP) non of which has been fulfilled and what about the CFR’s .
DeleteIt does not take years to map and chronicle our estate.
We could have been done way before this had we hired a outside company to do this. It could have been done in a year or less. With aerial surveying,and so forth now look at where we are at ?
All I have to say the above posts says it all. We either flood the BIA with calls and the SOI and DOI as well what has happened now let me get this strong can someone please tell me how our lease sell went. Can someone The M.C dare tell the truth? This is not transparency, Chief can you speak to this?
Come on we are out millions truth be told out millions and yes I am tired of paying our M.C to do what as they say our hands are tied that’s bolony. Hog wash. We pay each one of you how much do I now need to Subpoena of the treasury for the records as Patricia Sperrier Bright did? Let’s not go there let’s have a dialogue with the other shareholders because that’s what we are we are in the same boat together.
Find those poor men who lost their jobs in the Osage at every level of oil and gas service and have them testify in Federal Court as to what the Bureau and the DOI have done to them in losing their livelihoods, to our Mineral Estate and our business reputation in and outside Osage County. Filthy and putrid the stink is to high heaven. Have these Trustees account for themselves and what they've done to avoid lawsuits by a Drummond with a legal agenda if there ever was one. No excuse for this!
Deletehttps://www.tulsaworld.com/homepagelatest/in-osage-county-oil-producers-blame-big-bad-government-for/article_eb88c5d6-c196-5579-b5c3-f90b44eac814.html
Absolutely, the Judge said in the Drummond lawsuit you are now appearing to be harassing the Osage if I have it correctly.
DeleteWe are in a sink hole for sure.
In this field it is a community who knows each other well.
Everyone watches everyone Because the competition is so great and our M.E is not diversified.
Development is all at a stand still.
Is this reflective of OPEC? Shouldn’t. We can make money at $35 / BBL
Did the Drummond law suit affect our drilling history? And if so why?
We were under the assumption we were operating under the old CFR’s? Or we were sold a bunch of hot air. To appease those who wanted to here something about what we have experienced thus far on our M.E.
The BIA is to be working in tandem with our M.E per the 1906 act as amended not against.
We were promised by the HPP settlement 7 to 8 engineers would be hired and trained and by evidence to this day the BIA has not done so!
What good does it do if we voted no conflict in our superintendent?
Our resources have been acted on so many levels it’s hurtung us!
It’s hurting our communities who so many used to work in the oil fields.
I said 3 yrs ago we need to be working on our reputation because the Government can not do what we need to do 24/7 get in the game oer we need to hire someone that can do what you M.C members are not doing. PR.
So fundamental. We need to be that fly on the wall and be in the know 24/7 if something arises we are able to follow through so paramount to customer service, the Government cannot do this. The Government does not build relationships. Think about this had we had a up and running Minerl office do you think maybe we could have built a rapport with the Drummond’s on a level where adults can be adults instead of children and work this out and that’s not just with him. This is why customer service is so valued to who we are it speaks in more words can say. And save millions in the pockets of everyone involved. Cut costs to Lawyers as well.
We need to start thinking outside the box because what’s not working is now going on years again. Think about what I said it makes sense.
No confidence.
DeleteRIGHT!
DeleteIt's the Headright owners who should be able to join this lawsuit as well because it's their income that has been seriously harmed the most and as a result, they have had to suffer the most loss. Will this be another situation where the Minerals Council will represent us in a Court of law? Back bench that Pipestem on lobbying and get down to business and back in the Federal Court of Claims for the even worse egregious continued violation of the Trust fiduciary responsibility as it involves the breach of the HPP settlement contract. I'm tired of talking about it. Get something done and I don't mean maybe.
DeleteMC Meeting times have changed from when they were both mid-month. For monthly dates and Agendas see:
ReplyDeletehttps://www.osagenation-nsn.gov/who-we-are/minerals-council/council-calendar for
Last Lease sale with no $$$ values given:
ReplyDeletehttp://s3.amazonaws.com/osagenation-nsn.gov/files/departments/Minerals/2018-0914_OMC_Lease-Sale-No-23-Bulletin.pdf
What were the results of this lease sale?
Delete0 money made or there of.
DeleteLooks like Harlan and Waller are just taking up space where working on MC Committees goes.
ReplyDeletehttps://www.osagenation-nsn.gov/who-we-are/minerals-council/committee-information
Why did I vote for Harlan again?
Other than just two of those Committees, none of them have even met since the new MC members where elected. What's that all about?
DeleteR. Zinke leaving end of this month.
ReplyDeleteInterior Secretary Ryan Zinke to leave Trump administration at end of the year
DeleteSee https://www.cnn.com/2018/12/15/politics/ryan-zinke/index.html
Any word on the lease sale on December 12th? Haven't heard a lot of chatter so figured it must have gone the way of the last lease sale. Not sure the minimum bid thing the Mineral Council put in place has helped, but they did try something different.
ReplyDeleteNo word. Perhaps at the MC meeting on the 20th of December.
DeleteSomeone said one lease sale of $190,000 give or take. That’s it. It was reported that not off enough notice was given ahead of time to our buyers. No advertising, no marketing. Nada.
DeleteApparently there was only one bidder for all tracts and they were bought at the minimum bid. Under new BIA rules, the bidder and the amount don't have to be revealed unless a FOIA request is filed. Only if there are competitive bids does the buyer get revealed. Talk about a screwed up system.
DeleteYou've got to be joking. What's the reason for that? So the general public and most importantly so the Shareholders won't be able to to see the depth and breadth of the damage done to the Minerals Estate especially where this important source of minerals income is concerned? Didn't they pull stunts like this kind of obfuscation by hiding information from the Court all throughout the Cobell lawsuit? When will these Bureau people start behaving in a manner becoming of their Trust duties, responsibilities and obligations to the headright owners? Where and when did these new bidding rules come into play? Were they magically pulled out of a hat? If I was on the fence before, this is the tipping point. Sue the DOI, the Bureau, Fish and Wildlife, the Solicitior's Office in Tulsa and Washington D.C. and everyone else you can add to the list with any liability for what has taken place since the HPP lawsuit settled. How much overall vitiation to the Minerals Estate are we expected to endure? If the Minerals Council doesn't act and soon they will be just as liable for any further inaction on their part. Pipestem said if we sued we couldn't get any information out of them because they will close ranks. They still have the say so, either yes or no, as to who gets copies of the lease sale bids anyway even if a FOYA is sent in so how is that much, if any different. FOYAs here, FOYAs there left and right.
DeleteThe Shareholders have had to put up with enough just so that the Bureau and the DOI can intentionally and purposely run the minerals estate into the ground to give them cause to walk away from their trust obligation to the Osages in administrating the Osage Mineral Estate Trust. This is monstrous and someone in power in the Osage Nation government had better take it under advisement that the Shareholders have legal rights as beneficiaries and therefore the right to demand that the Minerals Council convene a Legal War Council as soon as humanly possible in preparation to initiate legal hostilities against all of them listed above.
First of all we don’t have to see lol we see the rumors are through the roof. It’s not like we are not going to know who the bidder is anyway once said and done. Nothing is a secret and when are our M.C going to realize this.
DeleteSecrecy never is the answer. This does happen in the private sector.
Inactions by the Council,is exactly right we have been saying this for years and the excuse is our hands are tied. B.S
B.S B.S. I cannot even fathom how much the M.E has been used and abused by and by the BIA.
Just because the BIA is in the 1906 act does not mean we cannot put off what needs to be done. We go outside the M.C form our own Mineral office headed by not figure heads because they cannot seem to figure out the direction we need to take.
Open office.
We need budget certainty, something the BIA cannot give us, but the resources are there.
(What resources can be applied to staff a full office)
Where are the eight engineers the BIA was to hire after the settlement of the HPP as promised? Did any of our M.C members follow through on this matter?
Do we need to vote no confidence in our M.C. Members too?
We could hire local people to do what our M.C fails to understand it’s not what you can do for me it’s what we can do for you.
Get a receptionist, a office manager, get techs in there. Hire a person who can do the legal filing if anything should arise in heart beat.
Start trending with world markets know where we are at 24/7. We need marketing and advertising. If we build they will come if we stay on the couch and hope for a prayer we are always going to be using lawyers as our voice as opposed to the opposite that should be happening. This is (sic) we are the headright owners it’s not privileged information or proprietary information knowing who naught the tracts. It’s our right!
I have been saying for sooooo long we have huge problems and we have no one else to blame but the Federal Government once again, but but but but that just issues so. We can go back to Congress and why haven’t we done so..the status quo needs to change. Because it’s not working. I know what I am talking about people and this is not the way to go is ignore what should have happened years ago. I am beyond furious.
I forgot to add to the post above I said the same thing about culpability and the role the M.C plays in all of this. And I do realize we have new Members , that is understood. Realize the reason they were elected to the Council was because the very same reasons we are on this forum.
DeleteLet me paraphrase what Linda Heskett said, our M.C is facing many threats.
Did you know if we were in the know operating a full service Mineral Office, if we trend with matters that do not need to escalate to where we are now we would not be in this predicament?
These challenges we face do not require 4 years to focus on.
Absolutely, did you know if we trend on these matters of importance our pockets would not be affected like it is now. Out Millions once again.
What are the threats, production, is priority.
Did you know ithe M.C has the power to not only advertise but has the authority to do so and the last lease sale happened with no proper notice in advance.
Do you know if we had a full time running office we could be doing more lease sales then we do? There is a criteria for it if ever need be we need to pick up the ball and have another one? Where does it say we cannot have more lease sales?
We do not have to be in battle with the Ranchers had we been in the know lord knows what kind of reputation could have been built had we had a rapport with them just because we do doesn’t mean they are going to get what they want all the time but heck if you don’t have a dialogue in the first place how do you come to a consensus one way or the other?
We fail to communicate. And it is so vital to our stability all the way around.
There are always two sides if you can’t see that then you have no business being on the M.C because then it becomes partisan and we are here to be sure that we are all involved. The M.C because of the in house Politics needs to end once and for all.
We have loss of Headrights, and over burdensome regulations. Read the New CFRs all but takes the ability to govern our M.E away from the hands of the M.C. If you look at the settlement The CFRs are in conflict with the settlement in itself because it labors the M.E.
And who was responsible for making sure this would not happen?
And let’s not forget who was behind the creative CFRs.
This was to strengthen the M.E.
Seven years later going on eight in Oct. of next year.
Yes we are fit to be tied out millions once again.
In parting this was the Governments promise to us.
Today, we come together in the spirit of partnership and mutual respect to recognize an important milestone on a path to a future marked by a stronger government-to-government and trust relationship. This settlement demonstrates the United States’ strong commitment to resolving pending tribal trust accounting and trust management cases in an expedited, fair and just manner.”
This settlement is an historic, positive development for Indian country and a major step on the road to reconciliation following years of litigation between the Osage Tribe and the United States,” said Interior Solicitor Tompkins. “This administration has worked in good faith to reach a settlement that is both honorable and responsible. The settlement will allow the United States and the Tribe to foster, cultivate and strengthen their trust relationship as they move together into the future.
They get a big F.
Another trail of broken promises. Do you see the writing on the wall? How familiar these words are once again.
DeleteMC Meeting Agenda is located at https://www.osagenation-nsn.gov/news-events/news/minerals-council-meeting-information-19
ReplyDelete"Continued growth in U.S. crude oil production means the nation will end 2018 as the world’s top oil producer, toppling the likes of Russia and Saudi Arabia and making America’s energy future more secure."
ReplyDeleteWhen you read an article like this, you know that something has got to be horribly wrong in the largest County in Oklahoma:
Warmington: Oil production surge continues
http://journalrecord.com/2018/12/14/warmington-oil-production-surge-continues/
Does the BIA sound in any way familiar?
And where do we fit in this equation?
Delete0 + 0 = 0
DeleteAbsolutely. And the Headright owners are fit to be tied, tired and lied to.
DeleteWith the HPP at $43.50, I doubt you're going to see many new producers lined up at the county line trying to get in. This fact was evident at the December lease sale.
DeleteLast lease sale as well.
Deletehttp://www.osagenews.org/en/article/2018/12/27/scotus-consider-osage-wind-case-jan-4/
ReplyDeleteJan 4th SCOTUS will vote on the Osage Wind case.
I am praying they will get this right. This was a invasion on our Sovereignty.
See Today at the Court - Friday, Jan 4, 2019 at https://www.supremecourt.gov/
DeleteSee https://www.supremecourt.gov/docket/docketfiles/html/public/17-1237.html
DeleteHappy New Year!
ReplyDeleteHopefully this will become a greater year of the Osage
DeleteWater Wars!
ReplyDeletehttp://journalrecord.com/oklahoma-water-wars-special-section/
HEADS UP!
ReplyDeleteMC Meeting is rescheduled for 1 P.M., today. See
https://www.facebook.com/4OsageMineralsCouncil/photos/a.312901386129978/387633371990112/?type=3&theater
https://www.facebook.com/4OsageMineralsCouncil/
On the Agenda, Paul Revard will be sharing a letter from a Former BIA employee. Stay tuned.
Producer comments are very important to hear as to what has gone on and the harm that litigation has done to the producers overall.
DeleteAgain and again and again, the problem with getting the permits from the BIS noted.
DeleteSorry. Meant BIA. Must have been a Freudian slip.
DeleteIn Executive Session.
DeleteListen on demand at http://mixlr.com/osage-nation/showreel/2019-0104_4omc_pt1/
DeleteWill be requesting an update for current addresses of the Shareholders for communication purposes with the Minerals Council. This will be advertised in a future ad in the Osage News.
DeleteQuestions by Margo? "Have you had any other concessions?"
DeleteCorrected by Andrew Yates to other extensions.
Does she have any idea what she's doing?
Why does Margo always have to weight in everything in sight? Who are her "core" workers on the strategic plan? Why do they need to abridge the strategic plan to the Shareholders and send it out in an expensive full color booklet? Are they doing another "Osage Nation presentation" number on it and what's going on? Tabled the Strategic Plan to the 16th of January. Now wanting the OK Production Tax numbers sent from the Oklahoma Tax Commission to the MC. Tweaking their noses again? Remember what came of that the last time?
DeleteWhy was the discussion on the letter from the former BIA employee moved to Executive Session?
DeleteListen on demand to Part 2 at http://mixlr.com/osage-nation/showreel/
DeleteLetter of former BIA employee as to a "hostile work environment"? Concerns on high turnover and the unfulfilled positions and its effect on the Osage Mineral Estate.
DeleteYes! Send a letter to the BIA reminding them of the fiduciary obligation they have to the Trust beneficiaries (Headright owners). Any chance of an intent to sue if corrections aren't made ASAP letter as well anytime soon?
DeleteSo let’s send a letter hmm how is that going to work we already voted our BIA Director a vote of confidence.
DeleteThe BIA has had a chance since 2011 when the HPP case was announced it was settled they would hire 8-9 engineers, what happened was it just another lie?
Second why are we waiting so long to do something about the procrastination of the BIA to what is necessary as promised?
Rather than a letter why not just take it a step hire and let’s go to the President of the U.S. ?
I find this redundant. What we need is action, foot on the ground .
We need to do what the BIA cannot do for us. We’ve known for awhile why what the delays are.
We didn’t need Revard to come in and tell us what’s wrong we know the history of the BIA.
We can open office build a rapport with our community of producers and our landowners but we cannot even do that because we are not situated to do so because no one wants to take the initiative to do so. It’s not that hard.
And the 1906 act doesn’t preclude us to do so. So why haven’t we. Mapping that could have been done with a Ariel survey by plane and gotten what needs to be done what hasn’t been done since 2011. This is just pure lunacy where we are at.
What happened with the last lease sale nada, nothing. Why? Where was the marketing, the early advertising?
Where is the follow through? Nada, nothing!
As far as Gray is concerned I’d rather have someone who cares to weigh in on the subject as opposed to nobody listening or asking questions.
So now you want a list of Shareholders who have a right to weigh in. This should have happened before we became a Government you think?
I’ve always found that the best way to solve a problem, less suing, is to contact the person’s boss’s boss.
DeleteIn this case, the Minerals Council should do just that. However, the current ACTING Assistant Secretary for Indian Affairs is Lawrence S. Roberts, an enrolled member of the Oneida Tribe in Wisconsin.
The current Secretary is David Bernhardt, who serves in an ACTING capacity, and concurrently serves in the Department as Deputy Secretary. The Inspector General position is currently VACANT, with Mary Kendall serving as ACTING Inspector General.
Above that we have a person ACTING as President who is only concerned in building a wall. Get the hint, they are all ACTING…
I guess we should talk to a lawyer on a contingency basis.
UPDATE: BREAKING from the Osage News: SCOTUS declines to hear Osage Wind LLC v. Osage Minerals Council case! It's over and we've won! I am elated!
ReplyDelete(Just to add what osageblogger reported at 11:27 AM
ReplyDeleteCERTIORARI DENIED
17-1237 OSAGE WIND, LLC, ET AL. V. OSAGE MINERALS COUNCIL
The motion of American Wind Energy Association for leave to
file a brief as amicus curiae is granted. The motion of Osage
County Farm Bureau, Inc., et al. for leave to file a brief as
amici curiae is granted. The petition for a writ of certiorari
is denied. (From the Supreme Court website)
Thanks Lou! See also https://www.supremecourt.gov/orders/courtorders/010719zor_m6ho.pdf on Page 20.
DeleteSince the DOI did once again not protect the interest of the M.E. our trustee, do we go after both parties, Enel and the DOI?
DeleteSee http://osagenews.org/en/article/2019/01/07/scotus-declines-hear-osage-wind-case/
DeleteAlso of interest is https://www.tulsaworld.com/news/state/trump-administration-asks-supreme-court-to-avoid-osage-wind-farm/article_274324a2-d73c-504e-877f-2434fc3ecd19.html
DeleteApproximately 10:15 a.m., this morning, going west from Pawhuska, and located just across from the Little Chief turnoff, as I looked to the right (north), I saw some weird looking yellow crane near one of the turbines. I wish I had taken a photo of it, if anyone knew what it was and what it was doing there. If you're going to Pawhuska from Fairfax or Ponca City, and it is daylight, and you have a chance, get a photo a post if you can.
DeleteI wonder what it could be. Perhaps one of the turbines needs a repair.
DeleteI took photos of the "crane" this morning, but not sure how to put it here. I don't see a way to do it here.
DeleteLou, I've posted them for you:
Deletehttps://www.facebook.com/photo.php?fbid=2518751991475330&set=pcb.2144741292506377&type=3&theater&ifg=1
https://www.facebook.com/photo.php?fbid=2518753658141830&set=pcb.2144741292506377&type=3&theater&ifg=1
https://www.facebook.com/photo.php?fbid=2518754004808462&set=pcb.2144741292506377&type=3&theater&ifg=1
Does anyone know what is going on with this big crane next to the wind turbine?
Photos above are courtesy of Lou Brock. Thank you, Lou!
DeleteThe so-called crane was gone, as of this morning.
Delete🍊🍊🍊 Test 🍊🍊🍊
ReplyDelete🌟🌟🌟
ReplyDeleteTempus Fugit! See information on the Native American Congressional Internship at https://www.facebook.com/udallfoundation/photos/a.10150109093231765/10156011995931765/?type=3&theater&ifg=1
🌟🌟🌟
ReplyDeleteSee the Agenda for the Osage Minerals Council meeting tomorrow!
https://www.facebook.com/4OsageMineralsCouncil/photos/a.350370155716434/394520231301426/?type=3&theater
Lots of comments about the wind farm WIN in Court at the SCOTUS. Much to celebrate in stopping these wind farms from coming onto Osage land where the mineral rights are concerned.
DeleteListen on demand to Part 1 at http://mixlr.com/osage-nation/showreel/2019-0116-4omc_pt1/
DeletePart 2 at http://mixlr.com/osage-nation/showreel/osage-nation-on-mixlr-96/
Are those gals on the Council going to behave themselves and do what's best for the Shareholder or are they fight and argue over who looks best wearing short shorts.
DeleteSee http://www.osagenews.org/en/article/2019/01/17/minerals-council-discusses-next-plans-concerning-osage-wind-construction/
ReplyDelete❗⚠️ Alert ⚠️❗
ReplyDeleteA report on the past activities of the Office of Fiscal & Performance Review and what it has uncovered, is now posted for your review at http://osageblog.blogspot.com/2018/11/conversation-november-2018.html
🌸🌸🌸 SPECIAL INVITATION 🌸🌸🌸
ReplyDeleteFor those who are here to post anonymously on the Shareholder issues of the day, we welcome your comments.
Water rights. See http://www.osagenews.org/en/article/2019/01/22/nation-continues-water-rights-negotiations-state-oklahoma/
ReplyDeleteMC Meeting Agenda for tomorrow:
ReplyDeletehttps://www.osagenation-nsn.gov/news-events/news/4th-osage-minerals-council-meeting-information-3
Listen to Part 1 on demand at http://mixlr.com/osage-nation/showreel/2019-0201_4omc_pt1/
DeleteListen to Part 2 on demand at http://mixlr.com/osage-nation/showreel/osage-nation-on-mixlr-97/
LETTER PUBLISHED TO THE SHAREHOLDERS:
DeleteHa-Weh Osage Shareholders,
I am writing you regarding a resolution that was passed by the OMC at the meeting this afternoon. I feel that a grave disservice is being done in our name. The resolution is to send two of the OMC members and the OMC attorney to a National Congress American Indian (NCAI) Conference in Washington DC for 4 days starting on Feb. 11th, 2019. Due to the short lead time there are two MAJOR problems that have surfaced. 1) The travel cost are going to be excessively high (this late arrangements it cost us as high as $15,000 or much more and 2) the members that will be representing us will have little or no time to properly prepare.
The members that are slotted to attend are Councilmembers Harlan and Gray, along with Wilson Pipestem ($300.00 an hour). Compounding the issue of lack of preparedness is the fact that none of these people have specific knowledge of the Oil and Gas Industry. Again, these individuals will be representing us as Shareholders of the Osage Mineral Estate.
This conference is held every six months so it would not be a problem that we did not attend this one, but properly plan and prepared for the next one. I STRONGLY encourage each of you to act quickly and contact any of the council members and request that they hold a special meeting and rescind this resolution. The damage to the reputation of the Osage Tribe and specifically the Osage Mineral Estate, of having an ill-prepared delegation, would be devastating.
Sincerely,
Catherine
(918) 331-5226
Forward this letter to you family and friends.
If you Agree please call or e-mail:
OMC Second Chairman Andrew Yates
(918) 504-1240
jayates@osagenation-nsn.gov
Councilman Myron Red Eagle
(918) 625-5386
M.redeagle@Att.net
Chairman Everette Waller
(918) 277-9730
ewaller@osagenation-nsn.gov
Why is Margo Gray getting to go? She supposedly handles business matters not Sovereignty. This seems like an added expense for little gain or benefit. I thought Marsha Harlan was an attorney herself. Wasn't she voted on the Council to save legal expenses so that we could have her legal expertise rather than run up all kinds of legal fees like what happened with the previous MC? Why are they adding the expense of Pipestem at $300 an hour as well?
DeleteRemember, it was Pipestem who argued against the shareholder during the HPP lawsuit. He wanted the award money to go to the Osage Nation government instead of the shareholders and made millions doing so. Margo is a Gray who's family has done wonders to ruin the Osages in the name of greed and larceny. The travel expense is for pure luxury and grandstanding.
Delete@osageblogger Don't you remember when Marsha, Marsha, Marsha said she didn't get paid enough to provide legal advice to the Minerals Council? This was before the female mineral council members had their cage match in the office, and Marsha, Marsha, Marsha eventually resigned the Chair position. We elected a class bunch.
DeleteAnd yes when I saw on the agenda the NCAI meeting with Margo's name, I knew immediately she was needing some time off and a trip paid for by the shareholders.
No gain is our pain.
DeleteWith so little time to plan with a fly by night plan is no planning st all.
With 30 mins of and if on the topic of O&G.
How is this $15,000 being used?
Trip $ 3,000
Hotel $450
Travel to and from $ 300
Food $600 ‘(Tis is on the high end)
So besides a entrance fee where else is the additional money being applied?
Had this been planned ahead of time the cost could have been reduced in half?
So where is the rest of the resources being spent?
In the end it’s up to the shareholders to decide.
Time to rename Lake Pawhuska to ' The Swamp '. What waste for the shareholders. Maybe the Council members should not have 'Other' jobs to fall back on. If they run for the Council it should be a full time job. This is sounding too much like D.C. Instead of electing members the Swamp needs to be drained. Is there a precise time agenda posted for this trip or is it like Trump's ' Executive time ' ???
ReplyDeleteTrumps executive time is creating a economy if you haven’t noticed. And if you haven’t noticed the economy is booming and if you haven’t noticed so is the gaming industry.
DeleteWe are trading and have a great GDP. China’s coming to the table. Besides that my pockets are a little heavier.
A full time job.
I have been talking about this for a while...
The resources are there to be had, yes.
Why not have a petroleum office after all we are in this industry.
We lack so much structure. My bet there are those on the M.C. agree.
Performance is required not just because the 1906 act says it’s required.
Developing a petroleum office would be good if we didn't live in La La land. If history has taught us anything, Osages will hire unqualified family before trained professionals. There is probably someone who has a relative, that didn't even finish high school, but was hit in the head with a rock, so obviously that would make them a good geologist. Plus all the people they hire will make over $100,000 a year plus benefits. Our shareholder money would be used to fund this office. My check is low enough so I'm not very enthused about starting up our own office.
DeletePaying the MC members a living wage is not a bad idea, however---we must also provide enough funding to operate the business successfully. This probably means DOUBLING the drawdown. A living wage would entice more qualified people to run for the MC. A MC sponsored LLC could begin producing and selling our own oil and cleaning up the thousands of messes left abandoned from previous production efforts all over the county.
DeleteFebruary 5, 2019 at 6:12 PM, If the soon to be 13 year history of the Osage Nation government has taught us anything, you have hit the nail square on the head. February 6, 2019 at 9:53 AM, doubling the drawdown will involve an Act of the U.S. Congress and lobbying for that will cost more than we have available in the drawdown budget yearly. It will take years for that to happen at the very least with the amount now budgeted for professional fees.
DeleteDeveloping a office with the M.C running the office like it should be ran would generate more income. And the income is there to be had without doubling down on the drawdown.
DeleteThere is no structure what’s so ever. We will continue to fail as long as we do not recognize our failures.
This isn’t the 1930s that we live in.
Maybe a field trip to a working environment in the petroleum business looks like could inspire and make a impact on our realities.
The only impact on our realities will be an even lower payment check if the Osage Nation gets into the oil and gas business and the funding comes from what's in the Federal Trust account. Are you having a bad day or looking for one of those big paychecks they hand out up on the Hill these days? Cleaning up those messes would completely overwhelm the entire operation. Plans to extract oil from old oil wells is a scam because the prior lessees have taken all that's there. If they hadn't they'd still be there today. This is worse than silly. It's such deficit thinking that it's entirely irresponsible.
DeleteFear mongering does not work and we also are comprised what’s not happening on the M.E. and the politics that has come to the Osage.
DeleteChange is coming and the particulars will be revealed to the Headright Owners.
Accountability and Transparency will come to fruition.
This could be good for us
ReplyDeletehttps://newsmaven.io/indiancountrytoday/the-press-pool/rep-ruben-gallego-on-nomination-of-david-bernhardt-as-interior-secretary-8vO6HDSBS0OwO2Wknz0t5A/
"OSA meeting update, that is Sunday, February 17th, Skiatook Casino, 1:00 PM; now there will be two speakers doing a slide presentation on the American Beetle and a producer will tell us how this, in Osage Co., has affected him. It will be very interesting. Hope to see a lot of shareholders there!!"
ReplyDeleteThe life span of a American Burying Beetle is twelve months..when was the property last surveyed?
DeleteCurious as to why this has been a on going issue?
A expert would be nice to speak on this subject as to why this has been carrying on for so long, like a entomologist?
BIA opened the door and F & W withdrew our ABB exemption. New CFRs with BLM rules and EPA (NEPA). Additional policies not in the CFRs that are now being enforced by the BIA. It was and continues to be a four pronged attack on a fixed position with the Osage Mineral Estate as the target.
DeleteThought we were operating under the old CFR’s till further notice?
DeleteShocking! $3,075.00 per Full Headright as of March 2019 when the last payment in December was $4685.00! This payment is down $1,610.00!
ReplyDeleteThe OMC have sat around since the time that this began after the HPP lawsuit was settled years ago and haven't seriously considered legal action against the Bureau or if they have they've backed off. The BIA doesn't share information with us anyway so I see no reason not to look at this as an immediate option. Paul Revard, what do you think?
DeleteSue the hell out of the BIA
DeleteLong over due we sue the BIA . This should have been done months ago!
DeleteYEARS AGO
DeleteSue the ��,��,��,��off of em
DeleteWhen will it be paid?????
DeleteOn time as usual.
DeleteAs an Osage Mineral Council Member I, Paul Revard, plan to attempt to convince the other Council Members to research the possibility of litigation against the BIA and USF&WL. In the event the votes among the OMC fail in this regard, I may attempt to get other Headright owners and oil and gas producers to join me in researching this personally and possibly filing a class action law suit without the OMC support.
DeleteBlocking access to our well records is devastating. I mentioned this every time I spoke on the campaign trail. Taking 4 months and longer to approve a drilling permit is insane. The USF&WL is targeting our Mineral Estate. The windmills do not have to comply with the ABB issue, nor do the rural water districts, nor do the ranchers when they build ponds, barns, corals, etc. nor do the ranchers that have wild horses stomping beetles all day every day. I'm furious and will soon be polling the other OMC members regarding litigation; I will publish my findings soon. Regarding the low Headright payment, I expect the payments to continue to decline unless there is a significant increase in the price of oil. We need to increase our production and the US government is hell-bent on preventing development with an obvious intent to destroy our Mineral Estate. Remember Charles Babst pointed his finger at our representatives a couple of years ago in a meeting and said "its your own fault, you took the money" referring to our HPP lawsuit settlement. The USA is our advisary. They are destroying our Mineral estate on purpose and prevailing.
Private landowners can be held responsible for compliance with T&E species, but seldom are because it is hard to prove intent. Intentional destruction of habitat or harassment of the particular species is hard to prove outside of a federal action. I've listened to the council meetings and most of you are convinced that approval of lease and/or permit to drill is not a federal action in Osage County. Ask your new attorney, he knows what constitutes a federal action. The turbines, fence building, water lines are outside of a federal action, unless they occur on restricted Osage surface. Leases approved by the State are not federal actions thus review under the National Environmental Policy Act does not apply. No cultural review, no T&E species review That is why you can get a permit to drill in a day. BLM paid a dollar an acre for the wild horses to be turned loose. Those type of agreements are renegotiated every five years between Fish and whoever is seeking the exemption, and they cost money. It's really bribery to pay into the ABB bank. Offer Fish 1.5 million dollars for that type of agreement? Not with my money.
DeleteYour cousin is making the case that the endangered species act hurts the mineral estate and wishes to bring this up to Fish. That particular part of the act was to help Tribes to hunt or fish an endangered species that has cultural significance to the particular group of people. But go for it why not?
Dont think Fish will ever exempt the Osage from compliance with T&E species. And the part of the 1906 Act that refers to the government marketing the mineral estate no matter what is not going to work in court. If T&E species shouldn't apply here, then it shouldn't apply anywhere. Fish or the government would never agree to that. Getting a T&E species review in a timely manner is a different issue. That can be challenged.
Just things to think about. I'm a shareholder, but am realistic. I don't think the Council can do much to turn things around. We don't have operators with lots of operating capital to comply with federal requirements and clean up their messes.
Since the OMC prevailed in the lawsuit, digging into the mineral estate is now a federal action requiring NEPA evaluation. Of course the council won't give a mining permit to the company so it's a mute point.
DeleteI support Paul Revard. And My thought if compliance was not followed with the Wind Farms there is discrimination going on here.
DeleteWe as Governors of this estate have no choice to rise above the occasion and must proceed without the M.C. No choice this has been going on long enough.
Paul Revard I am in!!
Getting a T&E species review in a timely manner is a different issue. That can be challenged. No it’s not and doesn’t have to be. Actiion today matters. And not only delays what needs to be done only delays what we will have to do tomorrow.
DeleteWe need to act now. Get a company in here that will do what we cannot get done and survey our area and chronicle this bug.
Map it!!
It’s not hard to do. There a lot we can do just needs actions not excuses not to do..
Paul Revard is right. The BIA has $380 million reasons why they want to squash Osage County like a bug. Unless and until the BIA reverses course and manages the Mineral Estate as a business rather than as a vehicle for revenge, the outcome is a foregone conclusion. The ABB issue should have had the BIA aggressively fighting to remove the impediments that seem to be unique ONLY to Osage County. Unfortunately, the ultimate solution will be another lawsuit.
DeleteGood! Glad to see so many agree with Paul. A lawsuit is the only course of action.
DeleteIf Fish and Wildlife withdrew the ABB waiver in 2014 or thereabouts then it can be put right back in place.
Deletehttps://www.fairfieldsuntimes.com/arts_and_entertainment/the-universe-wanted-this-picture-photo-shows-five-living-osage/article_143d64b8-7fd9-5c51-a6ae-ac273c3ae4da.html
ReplyDeletehttps://www.poetryfoundation.org/poems/56973/speech-now-is-the-winter-of-our-discontent
DeleteAs to the Osage Nation running our OME business affairs, another situation has developed with the Nation not rolling over 2016 benefits if unspent to those who have the Health Card. The law provides for three years of prior benefits if unspent to be accrued and rolled over by ON law but as it stands today, only two years are being rolled over without a change in the law to justify or legalize it. No new legislation by the ON Congress has been signed by the Chief to amend the law so a number of us are requesting an investigation by the ON Congress to get to the bottom of what has happened and who is responsible for it. If they can do this to the average Osage Nation member, can they be trusted to handle our Mineral Estate and what is distributed in our headright checks? This is being reviewed by the Committee for a Responsible Osage Nation Budget at https://www.facebook.com/groups/2061358334178007/
ReplyDeleteFederal government sues attorney/rancher Gentner Drummond over destruction of 40,000 trees on Corps land
ReplyDeletehttps://www.tulsaworld.com/news/local/crime-and-courts/federal-government-sues-attorney-rancher-gentner-drummond-over-destruction-of/article_829c55de-48f7-5330-addb-7bb91b3d3ade.html
Not the first time on hearing his families claim before statehood, of eminent domain.Makes one wonder real hard on this one.
DeleteI agree John Moncravie. What goes around comes around.
DeleteUOSC Meeting information at
ReplyDeletehttps://www.facebook.com/osagenation/photos/a.755309157812729/2398821420128153/?type=3&theater&ifg=1
Before: https://www.bia.gov/regional-offices/eastern-oklahoma/osage-agency
ReplyDeleteAfter: https://www.facebook.com/osagenation/photos/pcb.2399982246678737/2399979140012381/?type=3&theater
The price of not living up to the fiduciary obligations due to the Osages under the law?
Good advice: https://www.facebook.com/OsageNews/photos/a.153834188010750/2176105515783597/?type=3&theater
ReplyDeleteHERE IT IS! THE BOMBSHELL -- A TERA IS ON THE AGENDA!
ReplyDeleteAll I've heard from day one is that a TERA diminishes the Trust Relationship with the Tribes and the Federal Government and most Tribes have avoided them for this reason. We must have an explanation as our Trust Relationship regarding the Osage Minerals Estate is U.S. Congressionally mandated (1906 Act as Amended) and the U.S. Congress MUST weight in IN WRITING before we even consider going in this direction either by an Act of the U.S. Congress to amend the 1906 Allotment Act or other written mandate separate, apart and specific to the Osage Nation/Osage Tribe by both Houses of the United States Congress!
See https://www.facebook.com/4OsageMineralsCouncil/photos/a.350370155716434/413576229395826/?type=3&theater
"(1)In general
DeleteExcept as provided in paragraph (2) and AT THE REQUEST OF THE INDIAN TRIBE (???) or individual Indian, any advance payments, bid deposits, or other earnest money received by the Secretary in connection with the review and Secretarial approval under any other Federal law (including regulations) of a sale, lease, permit, or any other conveyance of any interest in any trust or restricted land of any Indian tribe or individual Indian shall, upon receipt and prior to Secretarial approval of the contract or conveyance instrument, be held in the trust fund system for the benefit of the Indian tribe and individual Indian from whose land the funds were generated." SEE https://www.govtrack.us/congress/bills/115/s245/text What is this section supposed to mean? In addition, I don't see the word/s "Osage or Osage Tribe/Osage Nation anywhere in this document. Do you?
See the Osage Nation Constitution, “Article IV, Declaration of Rights, Section 5, Rights of Mineral Royalty Interest Holders (???):
DeleteThe Osage Nation Government shall not create any law or ordinance pertaining to the mineral royalties from the Osage Mineral Estate that acts in conflict with Federal law and regulations.”
There is a HUGE discrepancy in the verbiage of the Osage Nation Constitution as originally voted on and passed in a duly authorized election in 2006 by the Osage people:
Article IV, Declaration of Rights, Section 5, Rights of SHAREHOLDERS:
The Osage Nation Government shall not create any law or ordinance pertaining to the mineral royalties from the Osage Mineral Estate that acts in conflict with Federal law and regulations.
IT REQUIRES AN ELECTION TO AMEND THE VERBIAGE AND I MEAN ANY WORD IN THE OSAGE NATION CONSTITUTION. DO YOU REMEMBER VOTING TO AMEND THE WORDING OF THIS SECTION OF THE OSAGE NATION CONSTITUTION? I certainly don’t!
I'm now getting a variation of opinion. The quoted TERA language above may well bust the OME Trust, defeat the terms and conditions of the 1906 Allotment Act as amended and place the money from the OME bonuses and royalties directly in the hands of the Osage Nation and in the Osage Nation Treasury.
DeleteRevised Agenda for MC Meeting today: Revised Agenda with meeting time at 11:00 a.m., today: https://www.osagenation-nsn.gov/news-events/news/minerals-council-meeting-information-20
ReplyDeleteMeeting is on live at https://www.osagenation-nsn.gov/multimedia/live-media
Shocking! $3,075.00 per Full Headright in of March 2019 is accurate! Unbeleivable!
DeleteReport on drilling and completions with 7 drilling permits approved since the beginning of the year--Superintendents report.
DeleteWhat is this residual fund they are talking about associated with the fixed 20% royalty rate. I like that the rate is fixed and don't want us negotiating all over the map especially if the Nation comes in to drill wanting a drastically reduced rate. It took a long time for that rate to get to where it is today and with the market and at the regulatory whim of the BIA, Fish and Wildlife and whoever all else, it's a good royalty rate to stand us to in times like these.
Delete🌟🌟🌟 Back with the Chief and the Osage Nation's attorney from Washington, D.C., David Mullon to discuss the TERA, Public Law No: 115-325 known as S. 245. Mullon has written this legislation from what the Chief said. Chief selling this hard as staying within Federal law. Which one? He wants the TERA so this is a foregone conclusion at this point. Mullon speaking now. Came unprepared without the Powerpoint presentation. Giving a history of the TERA process. Tribes don't like it and neither does the DOI? So went in to fix it as a complete overhaul. Wrong and was very prescriptive with a burdensome process no funding either. Now it's predictable and can control it with the Trust responsibility is maintained. The DOI does have a roll to approve and will have interaction with the Office Indian Energy (?) that will manage the TERA and other key pieces and is totally voluntary. Sitting there for Tribes if they want it. Is a new funding provision to re-coop additional cost to take it on. Does not repeal the 1906 Allotment Act as amended. Is voluntary and has a choice as to how much they want to have of it. Can test it and limit it as we go forward? This seems thin and flimsy already. DOI is embracing this piecemeal and if it doesn't work in five years then you can unwind to the old way "with negotiation”???). Sounds like playing around with quicksand.
DeleteWhat can we do: enter into leases with the Chief's approval now? Enter into other businesses like joint ventures… (OH boy. Visions of Osage, LLC.) Terms of any lease include any kind of energy develop that is energy related for 30 years and giving examples: hydro power uranium. Post leasing functions? Applications for permits to drill. Sounds like a supermarket but where do the CFRs come into play? Sounds like just another layer of regulations on top of what we already have that are killing the life out of us as it is already. Bare bones step by step? We will need more information than just a skeleton. Free consultation with Indian Energy. Have to look at the law carefully and have to be compliant with the law. What law? Have to qualify now? 1) The Tribe can demonstrate that it can perform some land function. 2) You have experience in oil and gas leasing. Work with Tribes that are very experienced with oil and gas. We aren't. The BIA has been doing all the work other than us fronting the leases and the Superintendent approves them.
Like NEPA? With the Tribe's own environmental requirement. At the end of two years of attempted compliance? Once approved can handle leases. If BIA isn't responsive to leases and drilling applications then NEPA is not triggered? 270 days to get their NEPA underway or it goes into effect? Operation under a TERA ongoing negotiations with oversight by the Office of Indian Energy? Federal trigger allowed?
Council has signed 2 (two) documents for self-governance with the Chief? WHAT! Why weren't we informed of this in advance. Harlan remarks-Removes NEPA and ABB problem. Pipestem says no that's wrong and back pedaling. Reserved for Executive Session. Of course. Is the MC going to lose authority? Chief says the Constitution will prevail but reaffirmed with an agreement that the MC approve? Wait a minute! Harlan says that there may be other Chiefs down the line who may not agree…
DeleteWhat is the downside? Doing some things that the BIA is doing then the environmental review under our own law plus we still have to meet with NEPA law too? Take over mineral leasing functions and will need competent staff to take over. So will actually have to work and probably work hard. Will need to properly budget (oh boy) need to adopt new CFRs within one year from December 18th, 2018. Regulatory funding for sharing activities? Money has to be spent for that particular function. Understand how we get the funding or we don't get it? This is so complicated already... Reinforcing the Trust responsibility. BIA didn't want the TERA. Now the Trust relationship won't be diminished? They aren't going to stand to and be liable if we screw this up from hell to breakfast so that's a given.
HEARTH Act being mentioned and the Navahos. Took them 9 years to implement finally begin doing something and then the HEARTH Act came in. Now are better than the BIA. This is prohibitively complicated and may need to take the off ramp. I say we take in now rather then later. If we have to deal with all this, it will be more than a plane crash, the entire airport will blow up and I mean right off the map! HEARTH Act was well liked and discussing this situation. Remarks of Margo Gray. We already have sovereignty and have had since we established it in the 1800's. Really! Always has to weigh in. Good for all Osages? 49 Steps to get to the process for a lease approval now and this TERA will shorten it? It doesn't sound like it. Can start small and build on it. Work piecemeal on it and can amend the TERA?
First consultation for the application. Confusion on whether have to have the TERA application in by Dec. 2019. That is a very short time to change the CFRs! We've already lost two months of this year. This sounds like a disaster in the making. How long does the TERA approval take? There are deadlines and will know within six months. Asked if other Tribes are participating and he's not giving an answer to the question but talking all around it instead. I’m guessing no other Tribes are involved.
DeleteDiscussing the owner of the well records. TERA makes the BIA cough them up with regulations. We own the biggest sandstone oil and gas reserve located in the Burbank. Again talking the 20%? Ensure that we have the ability to go after the trapped oil and only National oil and gas companies do it now. So hiring Conoco/Phillips and the like are now on the table. More complications here people well beyond having people who don't want to come in to work... This needs to be analyzed carefully before we get going in this direction for sure. Interjecting the uniqueness of the Osage this looks like a problem there just going in. NEPA has been hurting us an Fish and Wildlife with the ABB.
Will have to follow NEPA but won't be following NEPA? Some other environmental review process that will be your own but will look like NEPA? I'm beginning to laugh here... So we have to have compliance with a whole new body of environmental law that will require the Congress to come into work everyday? That may be very difficult and with the way the Nation complies with the laws on the books now, will have to meet or exceed NEPA? COME ON! There's no way that the BIA Superintendent will sign off on leases where we are not complying with Osage Nation law when we ignore it along the way like we do on a daily basis. BULLHORN ALERT!
Letter of concern to allow our attorneys to have information requested from the BIA. Nation will be permitting everything in sight? Lost the feed...
OMG! This is way over our heads going in from a "know thyself" standpoint. CHIEF what are you doing and what are you proposing to get us involve in? MC you really need to think this through and ask yourselves if we are really capable of taking on a gigantic venture with funding that has to be qualified for all along the way with yearly reviews from an outside agency and the BIA still in control with the final say and sign off on moving forward with everything from leasing to permits. You can't drive down the street without hitting the curb and yet now you want to get us up and running on the Autobahn at 120 miles an hour? No NO NO !!!! Paul Revard, where was my question about where the royalties and bonuses will go? To the Nation’s Treasury or into the Trust account?
Can you imagine the ON Congress trying to put together a law that will equal or exceed NEPA in only 10 months time?
DeleteCan you imagine what will happen when that law is ignored like so many of our Osage Nation laws on the books today?
DeleteOne Osage is now speculating whether or not this is setting us up to fail and the last few nails in the coffin. It wouldn't surprise me in the least and the Chief and certain other MC members are foolishly and naively being lead by the nose right into the killing zone. OMG!
DeleteBack live... Can't find the grant? Several members of Congress have stepped up to create laws for the TERA? Everything has to happen super fast. Here we go again... throwing it at the wall and hoping it sticks. SENSATIONALLY STUPID from the get go. NEPA clone and CFRs and who knows what all else have to be in place in 10 months... ten years maybe... you've got to be kidding me! Set up your commercial codes and feasibility studies? OH GREAT! How much will this cost? More laws the ON Congress will have to create and put in place? March 1, already backing off of that date so delayed from the very beginning. Exploratory Meeting with the Chief. Congressman Maker is interested in this exploration? What need to be done and how much it will cost. We have no more money for 2019 in the budget left to date for a project this large and can't get the job done from October to December when we will so this is a dead on arrival proposition from the outset. ON government insanity revisited but this time with our Headright income at risk and on the line. We, as shareholders and beneficiaries must have the right to weigh in with an Osage Nation election on this "grand proposal." IHS report from C. Forman to update her report and pay for the data to update it. Trying to get natural gas prices updated. They are fighting now Harlan and Forman on getting the information on the data that the Contract covers and what is needed for the update. Imagine what will happen among them when the whole system is overhauled to adopt a TERA. Talking about the requirements being met to go into Executive Session and Talee is asking questions about it and whether or not they are meeting them. In Executive Session with a 5 minute break.
DeleteThis will be a tremendous burden on the Osage Nation goverment financially and those without headrights will hit the ceiling if they allocate funding for a dime of this scheme.
DeleteThis just does NOT pass the smell test at all!
DeleteListen to Part 1 on demand at http://mixlr.com/osage-nation/showreel/2019-0220_4omc_pt1/
Delete🌟🌟🌟 Listen to Part 2 on demand at http://mixlr.com/osage-nation/showreel/osage-nation-on-mixlr-98/
Listen to Part 3 on demand at http://mixlr.com/osage-nation/showreel/osage-nation-on-mixlr-99/
What we have here is a completely undoable situation. Clearly whatever the Utes are doing is not associated with a TERA because it just became law in December of 2018. So, are we expected to be the legal test case or the guinea pig as it were? I don't think so. Secondly, there is a moral imperative here and an ethical aspect involved in spending the Nation's money of all Osages who do do not receive Mineral Estate headright income no matter where they live in favor of those who do without asking their permission in a duly authorized election which we cannot afford within the given time period in which it's to take place. If we have structured an election for gay marriage, I submit that spending the public funds which are the Osage people's money on the Shareholders exclusively when non-Shareholders are having to go without, then it should be put to a vote in a General Election. By the same token, there should also be a Minerals Council election of the Shareholders as well as to whether or not they want to be involved in a risky, untried and unproven scheme that requires so much Osage Nation legislation, a new Federal governing body (Indian Energy) with authority that has never had jurisdiction in Osage County before and gamble on a new Federal law that no Tribal community has ever been involved with or tried to make work in practical application heretofore. The risk is through the roof no matter how you look at it and within the specified time period designated today, it's just not reasonable or prudent to throw the dice on this ill-conceived option that's really no option at all.
DeleteListen to Part 4 on demand at http://mixlr.com/osage-nation/showreel/osage-nation-on-mixlr-100/
DeleteAll I can say the M.C needs to use better judgement. This is not the answer as the Nation would tell you. In fact this has been a dream of the Nation and the agenda behind this is they do not want you to know you have access to funding to build a reputable M.E / Petroleum office.
DeleteI will say this I was mortified at some of the questions that were asked.
Example, what are we to do after the policies are in place, well I guess you open shop and perform? What does that mean, in other words you will have to work as a elected official is to do. But but but, what does that mean? You open office.
We as a headright owners have a right to vote if we want this M.E to enter into another agreement with the Federal Government and yet no other Tribe has done so and I am not willing to take the risk when I.C is trying to pull away from the very thing that has come to hurt us is regulations and this does not put a bandaid on that wound. All we are is layering more regulations.
We want to see the pros and cons in writing not just that as I have said before the resources are there and The Nation is the answer not the feds. We are allowed to have access and it’s time we stand up. After all it is written in the 1906 act as amended.
Not just that, you will see law suits if we do not get a fair and balanced vote.
How is this going to streamline accountability and transparency? It won’t.
I just spoke to an Osage who wants to know what "Indian Energy" is and whether it's a part of the Bureau of Land Management. It's the OFFICE of INDIAN ENERGY POLICY and PROGRAMS which is a U.S. Department of Energy division. See https://www.energy.gov/indianenergy/office-indian-energy-policy-and-programs
DeleteI can see right now that we are going to have the "Consultant" Class all over this thing like white on rice at a price tag that will be unheard of and mind boggling.
DeleteFebruary 21, 2019 at 11:37 AM--All good questions that I'm sure were addressed in Executive Session even though the money from the Minerals Estate Trust comes to the Headright Owners who are the Beneficiaries and who are the very last ones these days to receive full disclosure from either the Osage Nation government (the Chief) or the members of the Minerals Council who seem to act more like representatives of the Osage Nation than they do of the Shareholders who elected them. The mineral rights income from royalties and bonuses, other than the funding from the drawdown, does not benefit the Osage Nation or any office, department, agency or instrumentality of it. It benefits the Headright Owners whose real financial interest, of supreme importance, is the first to be protected, not the last.
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